CELEX: C1995/119/48
Language: en
Date: 1995-05-13 00:00:00
Title: Action brought on 24 February 1995 by Reinhard Lassek against the Council of the European Union and the Commission of the European Communities (Case T-67/95)

13 . 5 . 95          LEN                   Official Journal of the European Communities                                 No C 119/25
      2 , no reasons whatever were given for the Decision of          Michael Esser-Wellié, Rechtsanwälte, Düsseldorf, with an
           23 September 1993 to close the proceeding in               address for service in Luxembourg at the Chambers of Bonn
           relation to 12 German undertakings and six                 & Schmitt, 62 Avenue Guillaume.
           Spanish undertakings .
                                                                      The applicant claims that the Court should:
IV. In the alternative, the applicant argues that the fine
                                                                      — annul the defendant's Decision of 30 November 1994
      imposed should be reduced for infringement of
      Article 15 ( 2 ) of Regulation No 17/62 as regards:                 relating to a proceeding under Article 85 of the EC
                                                                          Treaty (IV/33.126 and 33.322 — Cement), notified to
       1 , the gravity and duration of the infringement;                  the applicant on 3 February 1995 , in so far as that
           and                                                            Decision relates to the applicant,
      2 , the calculation of the amount of the fine .                 — in the alternative, reduce the fine imposed on the
                                                                          applicant to such amount as the Court may
(!) OJ No L 343 , 30 . 12 . 1994, p . 1 .                                 determine,
                                                                      — order the defendant to pay the costs of the
                                                                          proceedings .
                                                                      Pleas in law and main arguments adduced in support:
Action brought on 24 February 1995 by Reinhard Lassek
against the Council of the European Union and the                      I. The applicant complains of the following breaches of
                                                                           formal law:
          Commission of the European Communities
                         ( Case T-67/95 )                                  1 . The defendant infringed essential procedural
                           ( 95/C 119/48 )                                     requirements by granting the applicant only partial
                                                                               access to documents during the administrative
                (Language of the case: German)                                 proceeding and no access whatever after the
                                                                               adoption of the Decision . The defendant based its
An action against the Council of the European Union and                        Decision on documents with which the applicant
the Commission of the European Communities was brought                         was unacquainted and also failed to translate
before the Court of First Instance of the European                             foreign-language evidence .
Communities on 24 February 1995 by Reinhard Lassek,                        2. The defendant failed to comply with the
Grefrath-Mulhausen (Federal Republic of Germany),                              Community-law requirements regarding evidence
represented by Dr Lukanow, Rechtsanwalt, Euskirchen,                           and made findings of fact in respect of complex sets
with an address for service in Luxembourg at the Chambers                      of individual circumstances and periods of time
of Dupong & Associés, 14A, Rue des Bains .                                     which were unsupported by evidence, or at any rate
                                                                               were supported by insufficient evidence.
The applicant claims that the Court should :
                                                                           3 . The defendant provided inadequate and
— order the defendants to pay the applicant compensation                       contradictory reasons for its Decision and based it
     for the period of five milk years from 1 April 1988 in the                on findings which were both unsubstantiated and
     amount of DM 46 412,01 , together with 8 % interest                       incapable of verification.
     thereon from 1 July 1985 .
                                                                           4 . The calculation of the fine is defective since the
Pleas in law and main arguments adduced in support:                            defendant wrongly proceeds on the basis of a
                                                                               particularly serious infringement, assumes that the
The pleas in law and main arguments are similar to those in                    alleged infringement lasted for an excessively long
Case T-20/94 .                                                                 period of time and calculates the fine on the basis
                                                                               of an incaccurate turnover figure and reference
                                                                               period .
                                                                               By committing these breaches, the Commission
                                                                               infringed the principle of equal treatment in
   Action brought on 25 February 1995 by Holderbank                            contradictory proceedings as well as the principles
       Financière Glarus Aktiengesellschaft against the                        of a fair hearing and due process.
          Commission of the European Communities
                         (Case T-68/95 )                              II. The applicant complains of the following breaches of
                                                                           substantive law:
                           ( 95/C 119/49 )
                                                                           1 , ( a ) The applicant contests the defendant's
                (Language of tbe case: German)                                       allegations regarding the European Task Force
                                                                                     and its incompatibility with Article 85 ( 1 ) of the
An action against the Commission of the European                                     EC Treaty. The applicant takes particular issue
Communities was brought before the Court of First                                    with the defendant's claim that the European
Instance of the European Communities on 25 February                                  Task Force remains active up to the present
1995 by Holderbank Financière Glarus Aktiengesellschaft,                             day: on the contrary, that body ceased activity
Jona ( Switzerland), represented by Cornelis Canenbley and                           at the end of May 1987.