Notice for the OJ

 

SEQ CHAPTER \h \r 1

Action brought on 22 March 2004 by Peróxidos Orgánicos, S.A. against the Commission of the European Communities

(Case T-120/04)

Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 22 March 2004 by Peróxidos Orgánicos, S.A., Barcelona, (Spain), represented by A. Creus and B. Uriarte, lawyers.

The applicant claims that the Court should:

annul Articles 1, 2 and 4 of the Commission's decision of 10 December 2003 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/E-2/37.585 Organic Peroxides) insofar as they affect the applicant,

in the alternative, cancel the fine imposed on the applicant,

order the Commission the pay the costs of these proceedings.

Pleas in law and main arguments:

By the contested decision the Commission found that the applicant, among others, infringed Article 81 of the EC Treaty by participating in a set of agreements and concerted practices in the sector of organic peroxides from 1 January 1971 to 31 December 1999. On these grounds, the Commission imposed a fine of 500.000 Euros on the applicant.

In support of its application, the applicant submits that the proceedings against it were time barred by virtue of Regulation 2988/19741, since its participation in the infraction ceased in January 1997 and thus a period longer than five years had elapsed before the first actions taken by the Commission in the case in question.

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¹ - Regulation (EEC) No 2988/74 of the Council of 26 November 974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition Official Journal L 39 , 29//974 P. - 3