CELEX: C2003/124/45
Language: en
Date: 2003-05-24 00:00:00
Title: Case T-80/03: Action brought on 3 March 2003 by Lucchini S.p.A. against the Commission of the European Communities

C 124/26              EN                           Official Journal of the European Union                                      24.5.2003
The applicant further argues that the fine is flagrantly dispro-           The pleas in law and main arguments are identical with those
portionate to its economic strength and is therefore a breach              in the abovementioned case. The applicant claims that there is
of the principle of proportionality and the Commission’s                   no such single undertaking as Siderpotenza-Lucchini and,
guidelines on fines. The Commission also breached the                      therefore, that the applicant is substantially unconnected to
principle of equal treatment by not fining any of the other                the infringement which is the subject of the decision. In point
marketing companies involved in the cartel and, furthermore,               of fact, the Commission has not take into account of the fact
by imposing fines on the participating manufacturers which,                that Lucchini SpA has never produced concrete reinforcing
measured in relation to turnover, were far lower than that                 bars.
determined in relation to the applicant. Since the Commission
gave no reason for that worse treatment, there was also an
infringement of the duty to state reasons under Article 253
EC.
                                                                           Action brought on 5 March 2003 by the Government
                                                                           of the Cayman Islands against the Commission of the
                                                                                                European Communities
Action brought on 3 March 2003 by Lucchini S.p.A.                                                   (Case T-85/03)
  against the Commission of the European Communities
                                                                                                   (2003/C 124/46)
                         (Case T-80/03)
                                                                                              (Language of the case: English)
                        (2003/C 124/45)
                   (Language of the case: Italian)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 5 March 2003 by the Government
                                                                           of the Cayman Islands, Grand Cayman, Cayman Islands,
An action against the Commission of the European Communi-                  represented by Ms Eleanor Sharpston, QC.
ties was brought before the Court of First Instance of the
European Communities on 3 March 2003 by Lucchini S.p.A.,
represented by Alberto Santa Maria and Claudio Biscaretti di               The applicant claims that the Court should:
Ruffia, lawyers.
                                                                           —     annul the Commission’s decision not to respond to the
                                                                                 urgent request of the Cayman Islands Government to
The applicant claims that the Court should:                                      establish a Partnership Working Party under the Overseas
                                                                                 Association Decision,
—     annul the decision of 17 December 2002 C(2002)5087
      final in Case COMP/37.956 — concrete reinforcing bars,               —     order the Commission to pay the Cayman Islands Govern-
      imposing on Lucchini SpA, jointly and severally with S.P.                  ment’s costs.
      SpA, previously known as Siderpotenza SpA, a fine of
      EUR 16,14 million;
—     in the alternative, reduce the fine imposed on the                   Pleas in law and main arguments
      applicant by the Commission;
—     in any event, order the Commission to pay the costs.                 The Decision challenged in the current case is the Com-
                                                                           mission’s Decision not to respond to the urgent request of the
                                                                           applicant for the establishment of a Partnership Working Party
                                                                           (‘PWP’), in accordance with Article 7 of Council Decision
                                                                           2001/822/EC of 27 November 2001 on the association of the
Pleas in law and main arguments                                            overseas countries and territories (OCTs) within the European
                                                                           Community ( 1). The request was made in order to consider
                                                                           OCT representations in relation to the proposal for a Council
The present action has been brought against the decision                   Directive on taxation of savings income in the form of interest
contested in Case T-27/03 S.P. v Commission.                               payments and/or the automatic exchange of information.