CELEX: C2002/169/62
Language: en
Date: 2002-07-13 00:00:00
Title: Case T-119/02: Action brought on 17 April 2002 by Royal Philips Electronics N.V. against the Commission of the European Communities

13.7.2002              EN                      Official Journal of the European Communities                                       C 169/35
Action brought on 17 April 2002 by Royal Philips                                principles of proper administration, in that it has referred
Electronics N.V. against the Commission of the European                         the case to the French authorities with regard to the
                          Communities                                           impact of the acquisition on the French market, instead
                                                                                of dealing with the case in full itself.
                         (Case T-119/02)
                                                                          (1) OJ 1990 L 257, p. 13.
                         (2002/C 169/62)                                  (2) Not yet published in the OJ.
                   (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 April 2002 by Royal Philips                    Action brought on 17 April 2002 by Mitsubishi HiTec
Electronics N.V., represented by Mr E.H. Pijnacker Hordijk and            Paper Bielefeld GmbH against the Commission of the
Ms N. Cronstedt of De Brauw Blackstone Westbroek, The                                         European Communities
Hague (The Netherlands).
                                                                                                    (Case T-122/02)
The applicant claims that the Court should:                                                        (2002/C 169/63)
—     annul the Approval Decision and the Referral Decision;
                                                                                             (Language of the case: English)
—     order the Commission to pay the costs.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 17 April 2002 by Mitsubishi HiTec
Pleas in law and main arguments                                           Paper Bielefeld GmbH, represented by Mr Andrzej W.J. Kmiecik
                                                                          and Mr Ivo Van Bael of Van Bael & Bellis, Brussels (Belgium).
The applicant in the present case, a Dutch company active in
the areas of lighting, consumer electronics, electrical household         The applicant claims that the Court should:
appliances, components, semiconductors and medical systems,
seeks the annulment of two Decisions by the Commission of
8 January 2002 in case COMP/M.2621 — SEB/Moulinex,                        —     annul Article 1 of the Decision insofar as it alleges that
regarding the acquisition by Group SEB of the small electrical                  the applicant was involved in an infringement before
appliances business of SA Moulinex under, respectively,                         1 January 1993;
Article 9(3) (the referral Decision) and Article 6(1)(b) and
(2) (the approval Decision) of Regulation No 4064/89, of                  —     reduce the amount of the fine imposed on the applicant;
21 December 1989, on the control of concentrations between
undertakings (1). The same merger procedure is also the subject
of Case T-114/02 Babyliss/Commission (2).                                 —     order the Commission to bear the costs.
In support of its pleas, the applicant submits that:
                                                                          Pleas in law and main arguments
—     the Commission has breached Article 6(1)(c) and 6(2) of
      Regulation No 4064/89 and committed a manifest error
      in assessing the relevant facts of the case, in that it             By the present application, the applicant contests part of the
      approved the notified concentration in the first phase of           Commission Decision of 20 December 2001 in case COMP/
      its investigation accepting the commitments offered by              E-1/36.212-Carbonless paper, by which the Commission
      SEB.                                                                concluded that the applicant infringed Article 81(1) of the
                                                                          Treaty and Article 53(1) of the EEA Agreement by participating
                                                                          in a complex of agreements and concerted practices in the
—     the Commission has breached Articles 6(1)(c), 6(2) and              sector of carbonless paper from January 1992 until September
      9(3) of Regulation No 4064/89, Article 253 EC, and the              1995, and imposed a fine on the applicant.