CELEX: 62010TN0370
Language: en
Date: 2010-08-30 00:00:00
Title: Case T-370/10: Action brought on 30 August 2010 — Rubinetterie Teorema v Commission

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/62
            
         
      Action brought on 30 August 2010 — Rubinetterie Teorema v Commission
      (Case T-370/10)
      ()
      (2010/C 288/111)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: Rubinetterie Teorema SpA (Flero, Brescia, Italy) (represented by: R. Cavani, lawyer, M. Di Muro, lawyer, P. Preda, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      
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                  Annul Decision C(2010) 4185 of 23 June 2010;
               
            
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                  In the alternative, impose a token fine;
               
            
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                  In the further alternative, substantially reduce the fine imposed by the decision to such amount as the Court deems appropriate;
               
            
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                  Order the Commission to pay the costs.
               
            
         Pleas in law and main arguments
      
      The decision contested in these proceedings is the same as that contested in Case T-368/10 Rubinetteria Cisal v Commission.
      The pleas in law and main arguments are similar to those relied on in that case.
      In particular, the applicant alleges:
      
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                  Infringement of the rights of the defence in relation to Teorema and the consequent invalidity of the decision owing to:
                  
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                              the delay in communicating to Teorema the accusations made by the Commission;
                           
                        
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                              the difficulties in accessing the file and the lack of an adequate extension of the time-limits;
                           
                        
            
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                  The fact that there is no agreement whose purpose or effect is to prevent, restrict or distort competition and/or no adverse effects on Community trade, and
               
            
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                  The incorrect assessment of the evidence relating to the alleged involvement of Teorema in Euroitalia’s meetings.