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Action brought on 4 June 2008 - Amertranseuro International Holdings and others v Commission

(Case T-212/08)

Language of the case: English

Parties

Applicants: Amertranseuro International Holdings Ltd (London, United Kingdom), Trans Euro Ltd (London, United Kingdom) and Team Relocations Ltd (London, United Kingdom) (represented by: L. Gyselen, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul Article 2(i) of the Commission Decision of 11 March in Case COM/38.543 - International removal services, in so far as it holds the applicants jointly and severally liable for Team Relocations NV's alleged infringement of Article 81 EC and Article 53 EEA in the period of January 1997 to September 2003;

in the alternative, annul Article 2(i) of this Commission decision in so far as it does not effectively limit the joint and several liability of Amertranseuro Ltd to the amount of EUR 1.3 million;

order the costs of the proceedings to be borne by the Commission.

Pleas in law and main arguments

The applicants seek partial annulment, pursuant to Article 230 EC, of Commission Decision C(2008) 926 final of 11 March (Case COM/38.543 - International removal services) ('the contested decision'), relating to a proceeding under Article 81(1) EC and Article 53 (1) EEA. More specifically, the applicants seek the annulment of Article 2(i) of the contested decision in so far as it holds them jointly and severally liable for the alleged participation of Team Relocations NV ('TRNV') in the infringement described in Article 1 of the contested decision.

The applicants put forward two pleas in law in support of their claims:

First, they submit that the Commission erred by holding all three of them liable in spite of the fact that they were neither aware, nor could have been aware of TRNV's involvement in the alleged infringement. Second, the applicants claim that the Commission misused its powers by imposing a fine which they are unable to pay.

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