CELEX: C1999/048/64
Language: en
Date: 1999-02-20 00:00:00
Title: Action brought on 23 December 1998 by Napier Brown & Company Limited against the Commission of the European Communities (Case T-207/98)

C 48/30                 EN                  Official Journal of the European Communities                                 20.2.1999
Ð the applicant had a legitimate expectation that the                  Ð in the alternative, annul Articles 3 and 4, of the
     fullness of its cooperation would be taken into                        Decision or reduce the fine; and
     account in the level of fine imposed;
                                                                       Ð order the Commission to pay the applicant's costs.
Ð the Commission infringed Article 190 of the EC
     Treaty by failing to state adequate reasons for its view
     that the applicant did not maintain continuous and                Pleas in law and main arguments adduced in support
     complete       cooperation     with     the    Commission
     throughout the investigation; and
                                                                       The applicant seeks the annulment of the Commission
                                                                       Decision of 14 October 1998 relating to a proceeding
Ð in the absence of adequate explicit reasoning, the                   pursuant to Article 85 of the EC Treaty (1).
     implicit reasons for the Commission's view that the
     applicant did not maintain continuous and complete
     cooperation with the Commission throughout the                    The applicant challenges the contested decision on the
     investigation appears to be the alleged retraction by             following grounds:
     the applicant of statements made earlier in the
     proceeding. The applicant made no retractions of
     earlier statements; what the Commission apparently                Ð The Decision is based on an incorrect and incomplete
     regards as retractions' were in fact no more than                     assessment of the facts and vitiated by manifest error
     corrections or clarifications of the Commission's                      of law.
     interpretation of the facts; the applicant was entitled
     to make these clarifications, and could not thereby be
     considered not to be cooperating with the
     Commission.                                                       Ð By failing to address fully the submissions and
                                                                            evidence of British Sugar and of the other addressees
                                                                            of the Decision and by failing to adduce evidence
(1) Commission Notice on the non-imposition or reduction of                 which supports its contentions regarding the
    fines in Cartel Cases (OJ C 207, 18.7.1996).                            application of Article 85(1) of the EC Treaty, the
                                                                            Commission has infringed essential procedural
                                                                            requirements.
                                                                       Ð The Decision fails to exhibit reasoning of the requisite
                                                                            standard under Article 190 of the EC Treaty.
Action brought on 21 December 1998 by British Sugar plc
   against the Commission of the European Communities                  (1) See also Cases T-202/98 Tate & Lyle v. Commission and
                                                                           T-207/98 Napier Brown & Company Ltd. v. Commission.
                         (Case T-204/98)
                          (1999/C 48/63)
                 (Language of the case: English)
                                                                       Action brought on 23 December 1998 by Napier Brown
                                                                       & Company Limited against the Commission of the
An action against the Commission of the European                                          European Communities
Communities was brought before the Court of First
Instance of the European Communities on 21 December                                           (Case T-207/98)
1998 by British Sugar plc, represented by Thomas Sharpe
                                                                                               (1999/C 48/64)
QC, Daniel Jowell, Rae Lindsay and Alex Nourry, with an
address for service in Luxembourg at the Chambers of
Elvinger, Hoss & Prussen, 2 Place Winston Churchill.
                                                                                      (Language of the case: English)
The applicant claims that the Court should:
                                                                       An action against the Commission of the European
                                                                       Communities was brought before the Court of First
                                                                       Instance of the European Communities on 23 December
Ð annul in its entirety Commission Decision of                         1998 by Napier Brown & Company Limited, represented
     14 October 1998 in Case IV7F-3/33.708-British Sugar               by Diana Guy, with an address for service in Luxembourg
     plc relating to a proceeding under Article 85 of the EC           at the Chambers of Alex Schmitt of Bonn & Schmitt, 7
     Treaty;                                                           Val St Croix.
 ---pagebreak--- 20.2.1999              EN                   Official Journal of the European Communities                                 C 48/31
The applicant claims that the Court should:                                   Removal from the register of Case T-357/93 (1)
                                                                                              (1999/C 48/65)
Ð annul the Commission Decision of 14 October 1998
     relating to a proceeding under Article 85 of the EC
     Treaty (in Case IV/F-3/33.310) in so far as such                                 (Language of the case: English)
     Decision relates to Napier Brown;
                                                                       By order of 7 December 1998 the President of the Fourth
Ð cancel, or reduce the amount of, the fine imposed on                 Chamber of the Court of First Instance of the European
     Napier Brown under the Decision;                                  Communities has ordered the removal from the register of
                                                                       Case T-357/93: W. J. Wyness and Sons v. Council of the
                                                                       European Union and Commission of the European
Ð order that the Commission pay the costs of the                       Communities.
     proceedings;
                                                                       (1) OJ C 189, 13.7.1993.
Ð order that the Commission reimburse the applicant for
     any expenses incurred in providing security for the
     payment of the fine.
Pleas in law and main arguments adduced in support
                                                                              Removal from the register of Case T-525/93 (1)
                                                                                              (1999/C 48/66)
The applicant seeks the annulment of the Commission's
decision of 14 October 1998 relating to a proceeding
pursuant to Article 85 of the EC Treaty (1).                                          (Language of the case: English)
The application contests the Commission's finding that the
                                                                       By order of 7 December 1998 the President of the Fourth
applicant has infringed Article 85(1) by participating in
                                                                       Chamber, Extended Composition, of the Court of First
an agreement and/or concerted practice the object of
                                                                       Instance of the European Communities has ordered the
which was to restrict competition by the coordination of
                                                                       removal from the register of Case T-525/93: Patrick
the parties' pricing policy on the market for industrial
                                                                       Griffin v. Council of the European Union and Commission
sugar in Great Britain', on the basis that the Commission
                                                                       of the European Communities.
has failed to adduce any, or any sufficient, evidence of an
anti-competitive object' which can be imputed to the
applicant, and has failed to show any collusive behaviour              (1) OJ C 328, 4.12.1993.
in the market.
The Commission has also misapplied the law to the facts
and relied upon inconsistent reasoning in coming to its
decision.
                                                                              Removal from the register of Case T-554/93 (1)
The applicant also submits that the Commission has                                            (1999/C 48/67)
misused its powers under Article 15 of Regulation No 17,
has misapplied its own Guidelines (2) on the method of
setting fines and is in breach of general principles of                               (Language of the case: English)
Community law, especially of the general principle of
proportionality, in fixing the level of fine imposed on the
applicant. The fine of ECU 1 800 000 is wholly unjustified             By order of 7 December 1998 the President of the Fourth
and excessive in all the circumstances. For this reason the            Chamber, Extended Composition, of the Court of First
applicant submits, as an additional ground, that the fine              Instance of the European Communities has ordered the
should be cancelled or, at least, reduced.                             removal from the register of Case T-554/93: Alfred
                                                                       Thomas Edward Saint and Christopher Murray v. Council
(1) See also Cases T-202/98 (Tate & Lyle v. Commission) and            of the European Union and Commission of the European
    T-204/98 (British Sugar v. Commission).                            Communities.
(2) Guidelines on the method of setting fines imposed pursuant to
    Article 15(2) of Regulation No 17 and Article 65(5) of the
    ECSC Treaty (OJ C 9, 14.1.1998, p. 3).                             (1) OJ C 338, 15.12.1993.