CELEX: C2003/070/51
Language: en
Date: 2003-03-22 00:00:00
Title: Case T-29/03: Action brought on 27 January 2003 by Comunidad Autónoma de Andalucía against Commission of the European Communities

C 70/32                EN                          Official Journal of the European Union                                        22.3.2003
In support of its application, the applicant contests the                  The applicant claims that the Court should:
economic approach adopted in relation to the facts by the
Commission which, on the one hand, defined as the relevant                 —     annul the decision of 11 November 2002 of the Director
market the Italian geographic market but which, on the other                     General of the European Anti-Fraud Office (OLAF) which,
hand, completely overlooked the fact that the average price of                   as an internal service of the Commission of the European
reinforced concrete in Italy has always been, on average, less                   Communities, declares inadmissible the complaint lodged
than that in the other States.                                                   by the Junta de Andalucía.
Furthermore, S.P. contests the use of documents by the
Commission to substantiate its charges, in particular the                  Pleas in law and main arguments
memorandum of a partner undertaking which, in the Com-
mission’s view, provided useful information to understand the
way in which the accused undertaking operated, without such                The applicant in the present proceedings contests the rejection
documents having been notified to the applicant during the                 of the complaint submitted by Counsellor for Agriculture and
proceeding. Moreover, although the Commission was in                       Fisheries to the Director General of the Anti-Fraud Office
possession of them, it failed to mention that it had made use              (OLAF) after becoming aware of the existence of Report IO/
of such cooperation, preventing the applicant from adopting a              2000/7057 concerning the investigations carried out by OLAF
position in good time in relation to the charges made against              into possible irregularities in the olive oil sector in Spain,
it. In that respect also, the applicant seeks the annulment of             concentrating in particular on the territory of the Comunidad
the decision on the ground of a serious breach of the rights of            Autónoma de Andalucía.
defence.
                                                                           In support of its arguments, the applicant alleges:
S.P. further alleges error of law, in particular the misapplication
of Article 65 ECSC, claiming that the contested objections do              —     infringement of the principles of legality, in that OLAF’s
not contain sufficient evidence to support the existence of an                   activities covered areas over which there is no judicial
agreement or concerted practices.                                                oversight, and of equality, inasmuch as such conduct
                                                                                 discriminated against any legal or natural person who is
                                                                                 not an official, agent or staff of the Community insti-
Finally, S.P. further contests the methods adopted by the                        tutions, who alone may lodge administrative complaints
Commission when determining the fines to be imposed, in                          against OLAF’s conduct.
particular the multiplier and the increment linked to the
allegedly uninterrupted duration of the alleged infringements              —     infringement of the fundamental right of defence.
and to the alleged extreme seriousness, which has not been
proven, of the infringements.
                                                                           —     that OLAF must accept the complaint in issue by analogy
                                                                                 with the provisions of Article 14 of Regulation No 1073/
                                                                                 1994, and reply to the substantive questions raised in the
                                                                                 aforementioned complaint.
Action brought on 27 January 2003 by Comunidad
Autónoma de Andalucía against Commission of the Euro-
                        pean Communities
                                                                           Action brought on 30 January 2003 by The General
                                                                           Workers Union in Denmark (Specialarbejderforbundet i
                          (Case T-29/03)                                   Danmark ‘SID’) against the Commission of the European
                                                                                                     Communities
                          (2003/C 70/51)
                                                                                                    (Case T-30/03)
                   (Language of the case: Spanish)
                                                                                                    (2003/C 70/52)
                                                                                              (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 January 2003 by Comunidad
Autónoma de Andalucía, Seville (Spain), represented by Car-                An action against the Commission of the European Communi-
men Carretero Espinosa de los Monteros, lawyers.                           ties was brought before the Court of First Instance of the