CELEX: C2000/135/37
Language: en
Date: 2000-05-13 00:00:00
Title: Case T-44/00: Action brought on 28 February 2000 by Mannesmannröhren-Werke AG against the Commission of the European Communities

C 135/20              EN                     Official Journal of the European Communities                                       13.5.2000
Grounds of claim:             — Infringement of Article 7(1)(b)         — Inadmissible use of the ‘sharing-key’ paper
                                  of Regulation (EC) No 40/94
                              — Infringement of Article 7(1)(c)             The applicant maintains that the use of evidence supplied
                                  of Regulation (EC) No 40/94               anonymously is generally inadmissible.
                                                                        — Inadequate statement of reasons
                                                                            The explanations in ground 68 of the contested decision,
                                                                            in particular, concerning proof of active protection of the
                                                                            home market, were contradictory and, in themselves,
                                                                            inconclusive.
Action brought on 28 February 2000 by Mannes-
mannröhren-Werke AG against the Commission of the                       — Erroneous application of Article 81(1) EC to the agreement
                    European Communities                                    with British Steel
                         (Case T-44/00)                                     This agreement was negotiated individually and contained
                                                                            no exclusive supply agreement or horizontal concertation.
                                                                            The chosen percentage link to British Steel’s total require-
                        (2000/C 135/37)
                                                                            ments and the agreed price formula were legally unobjec-
                                                                            tionable.
                  (Language of the case: German)
                                                                        — Erroneous application of the guidelines for the procedure
                                                                            in determining fines
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                  The determination of the fine contained an error of
European Communities on 28 February 2000 by Mannes-                         assessment, since it did not take sufficient account of the
mannröhren-Werke AG, whose registered office is in Mülheim                  varying market significance of the undertakings concerned.
an der Ruhr (Germany), represented by Martin Klusmann,                      In addition, further extenuating grounds and the appli-
Rechtsanwalt, Düsseldorf, with an address for service in                    cant’s contribution to elucidating the matter were not
Luxembourg at the Chambers of Bonn & Schmidt, 7 Val Ste                     appropriately evaluated.
Croix.
The applicant claims that the Court should:
— annul Commission Decision K(99) 4154 endg. of
    8 December 1999, in so far as it concerns the applicant;
— in the alternative, reduce the fine imposed on the applicant          Action brought on 29 February 2000 by the Conseil
    by that decision by an appropriate amount;                          National des Professions de l’Automobile (C.N.P.A.) and
                                                                        Others against the Commission of the European Com-
— order the Commission to pay the costs.                                                             munities
                                                                                                  (Case T-45/00)
Pleas in law and main arguments
                                                                                                 (2000/C 135/38)
The applicant is a producer of seamless steel tubes. In the
contested decision, the Commission finds infringement of
Article 81(1) EC by the applicant and several other undertak-
ings. The action is based on the following grounds in particular:                           (Language of the case: French)
— Infringement of procedural rights                                     An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
    Certain parts of the investigation file were withheld from          European Communities on 29 February 2000, by the Conseil
    the applicant, contrary to the provisions on access to              National des Professions de l’Automobile (C.N.P.A.), whose
    Commission documents.                                               registered office is in Suresnes, France, the Fédération Nationale
                                                                        des Distributeurs, Loueurs et Réparateurs de Matériels de
— Infringement of rights of the defence                                 Bâtiment-Travaux Publics et de Manutention (D.L.R.), whose
                                                                        registered office is in Joinville-Le-Pont, France, Auto Contrôle
    Because of the short deadlines for replying to the heads of         31 and Yam 31 SARL, whose registered office is in Toulouse,
    complaint, the applicant did not have sufficient oppor-             France, Marc Foucher-Créteau, resident in Paris, and Verdier
    tunity to defend itself. Moreover, the in its final decision,       Distribition SARL, whose registered office is in Juvignac,
    the Commission diverged from essential accusations in the           France, represented by Christian Bourgeon, of the Paris Bar,
    heads of complaint without giving the applicant the                 with an address for service in Luxembourg at the Chambers of
    opportunity to amend its position.                                  François Brouxel, 6 Rue Zithe.