Notice for the OJ

 

Action brought on 5 May 2003 by Cascades SA against Commission of the European Communities

    (Case T-161/03)

    (Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 5 May 2003 by Cascades SA, established in La Rochette (France), represented by Jacques Buhart and Pierre-M. Louis, lawyers.

The applicant claims that the Court should:

(order the Commission to make good the damage suffered by it as a result of incomplete compliance with the judgment of the Court of 28 February 2002;

(order the Commission to pay the costs.

Pleas in law and main arguments

The applicant has brought this action seeking a declaration that the Commission is liable for failing to comply entirely with the judgment of the Court ¹ reducing the amount of the fine imposed on the applicant by the Commission in decision 94/601/CE (Plasterboard), relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/C/33.833-Plasterboard). ²

In the applicant's view, the Commission should still pay the interests due on the difference between the sum paid and the amount of the fine finally fixed by the Court of First Instance together with the costs, agreed by common accord of the parties at EUR 50 000. The defendant incurs non-contractual liability for the damage arising therefrom.

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¹ - (Case T-308/94 Cascades SA v Commission [2002] ECR II-0000.

² - (OJ 1991 L 243, p. 1