CELEX: C2002/068/28
Language: en
Date: 2002-03-16 00:00:00
Title: Case T-330/01: Action brought on 19 December 2001 by Akzo Nobel N.V. against the Commission of the European Communities

C 68/16                EN                     Official Journal of the European Communities                                       16.3.2002
Action brought on 19 December 2001 by Akzo Nobel                         Finally, given the significance of the applicant in the market,
N.V. against the Commission of the European Communi-                     the multiplication factor applied as regards the amount of the
                                 ties                                    fine infringes Articles 81 and 83 of the EC Treaty and
                                                                         Article 15 of Regulation No 17/62 (1), inasmuch as, according
                                                                         to the applicant, the Commission may only take into account
                         (Case T-330/01)                                 the seriousness and duration of the breach and may not take
                                                                         account of the economic weight attaching to the undertaking
                                                                         concerned. Moreover, an insufficient statement of reasons has
                          (2002/C 68/28)                                 been given for that multiplication factor.
                    (Language of the case: Dutch)                        (1) Regulation No 17: First Regulation implementing Articles [81]
                                                                             and [82] of the Treaty (OJ, English Special Edition 1959-1962,
                                                                             p. 87).
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 December 2001 by Akzo Nobel
N.V., established at Arnhem (Netherlands), represented by
Martijn van Empel and Christoforus Raymundus Albertus
Swaak, lawyers.
                                                                         Action brought on 28 December 2001 by Karl L. Meyer
                                                                         against Council of the European Union and Commission
                                                                                         of the European Communities
The applicant claims that the Court should:
                                                                                                  (Case T-333/01)
(1) annul Articles 3 and 4 of the Commission’s decision of
      2 October 2001 in so far as it concerns the applicant,
      alternatively annul Article 3 of the decision in conjunction                                 (2002/C 68/29)
      with point 388 in the preamble thereto, by declaring void
      the multiplication factor of 2,5 in so far as this is applied                         (Language of the case: French)
      to the applicant;
(2) order the defendant to pay the costs.
                                                                         An action against the Council of the European Union and the
                                                                         Commission of the European Communities was brought
                                                                         before the Court of First Instance of the European Communities
                                                                         on 28 December 2001 by Karl L. Meyer, residing in Uturoa
                                                                         (French Polynesia), represented by Jean-Dominique des Arcis,
Pleas in law and main arguments
                                                                         lawyer, with an address for service in Luxembourg.
The applicant is the parent company of Akzo Nobel Chemicals              The applicant claims that the Court should:
B.V., which was in turn involved, through Glucona N.V., in a
cartel relating to the sale of sodium gluconate. In the contested        —     declare that the Commission of the European Communi-
decision, the applicant was ordered to pay a fine pursuant to                  ties committed an administrative fault characterised by
Article 81 of the EC Treaty.                                                   serious failure to act and by the unlawful failure to fulfil
                                                                               its obligations to implement and monitor the proper
                                                                               application in French Polynesia of decisions on the
                                                                               association of the overseas countries and territories
According to the applicant, the Commission has infringed the                   (PTOMs);
principle of proportionality and Article 253 of the EC Treaty
by failing, when fixing the fine, to take sufficient account of
                                                                         —     declare that the European Commission committed an
the limited size of the product market and the significance of
                                                                               administrative fault by providing false information to the
each undertaking in that market.
                                                                               European Parliament regarding the origin of the funds
                                                                               borrowed from the SOCREDO development bank and
                                                                               the applicant’s rights under decisions on the association
The applicant further pleads infringement of Articles 81                       of the PTOMs, which have direct effect;
and 253 of the EC Treaty. According to the applicant, the
Commission has not shown that the applicant can be held                  —     declare that such failures have caused damage to the
liable for the offences committed by Glucona B.V. and the                      applicant which the European Council and the European
applicant’s subsidiary company.                                                Commission must make good;