CELEX: C2002/031/25
Language: en
Date: 2002-02-02 00:00:00
Title: Case T-251/01: Action brought on 9 October 2001 by SEC Corporation against the Commission of the European Communities

C 31/12                 EN                     Official Journal of the European Communities                                      2.2.2002
(Agents: J.-M. Stenier, P. Giusta and B. Schäfer) — application           The applicant does not substantially contest the facts men-
for suspension of operation of the decision of 4 December                 tioned by the Commission in the contested decision, and the
2000 of the appointing authority concerning the reassignment              pleas in its application relate to the amount of the fine
of the applicant to the translation service — the President of            imposed.
the Court of First Instance, has made an order on 21 September
2001, in which he:
                                                                          The applicant submits that the fine is unlawful, essentially
1.    Dismissed the application for interim measures;                     since it violates the duty of proportionality and of equal
                                                                          treatment. It alleges that the Commission has acted unlawfully
                                                                          and in violation of Articles 3(g), 5, 81 and 253 of the EC
2.    Reserved the costs.
                                                                          Treaty by merely determining the basic amount of the fine on
                                                                          the basis of the applicant’s world-wide turnover and not taking
                                                                          into account the scope of its activities in the EEA. The
                                                                          categorisation used by the Commission for the establishment
                                                                          of the basic amount of fine and the setting of this amount
                                                                          violate the principles of proportionality and equal treatment.
Action brought on 9 October 2001 by SEC Corporation                       Furthermore, the applicant submits that the Commission has
  against the Commission of the European Communities                      violated the general principles of fairness and ‘non bis in idem’
                                                                          by not taking into account the sanctions previously imposed
                          (Case T-251/01)                                 on the applicant by the US competition authorities.
                           (2002/C 31/25)
                                                                          Finally, it alleges that, when examining possible mitigating
                                                                          circumstances, the Commission violated the principles of equal
                   (Language of the case: English)                        treatment and of proportionality by not making sufficient
                                                                          distinction between the Japanese producers, all being regarded
                                                                          as active members of the cartel. By disregarding the applicant’s
                                                                          passive role and ‘follow my leader’ approach, the Commission
                                                                          has disregarded its own Guidelines as well as the case law of
An action against the Commission of the European Communi-
                                                                          the Court of First Instance and the Court of Justice.
ties was brought before the Court of First Instance of the
European Communities on 9 October 2001 by SEC Corpor-
ation, represented by Mr Koen Platteau of Linklaters & Alliance,
Brussels (Belgium).
The applicant claims that the Court should:
—     annul Article 3 of the Commission decision of 18 July
      2001 in Case COMP/E-1/36.490 — Graphite electrodes,                 Action brought on 4 October 2001 by The Carbide/Graph-
      in so far as it imposes a fine of EUR 12,2 million on the           ite Group, Inc. against the Commission of the European
      applicant, or, at the least, substantially reduce this fine;                                  Communities
—     order the Commission to pay the costs.
                                                                                                  (Case T-252/01)
                                                                                                   (2002/C 31/26)
Pleas in law and main arguments
                                                                                             (Language of the case: English)
The applicant is a Japanese manufacturer of graphite electrodes
and other graphite products. By the contested decision, fines
were imposed on the applicant and seven other companies for
having infringed the provisions of Article 81(1) of the EC
Treaty and Article 53(1) of the EEA Agreement by participating            An action against the Commission of the European Communi-
in a complex of agreements and concerted practices in the                 ties was brought before the Court of First Instance of the
graphite electrodes sector. The fine imposed on the applicant             European Communities on 4 October 2001 by The Carbide/
was of EUR 12,2 million. Parallel proceedings relating to these           Graphite Group, Inc., represented by Mr Marc Seimetz and
agreements and practices have been undertaken in other                    Mr Jean Brücher of Brücher & Seimetz in association with
jurisdictions, e.g. in the United States.                                 Dechert, Luxembourg (Luxembourg).