Action brought on 8 May 2007 - ThyssenKrupp Liften v Commission

(Case T-154/07)

Language of the case: Dutch

Parties

Applicant: ThyssenKrupp Liften BV (Krimpen aan den IJssel, Netherlands) (represented by: O.W. Brouwer and A.C.E. Stoffer, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul the contested decision in so far as it relates to the applicant;

in the alternative, reduce the fine imposed on the applicant;

order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant is challenging Commission Decision C(2007) 512 final (Case COMP/E-1/38.823 - PO/Elevators and Escalators).

In support of its application the applicant invokes the same pleas in law as those put forward in Case T-144/07 ThyssenKrupp Liften Ascenseurs v Commission.

The applicant also submits that, by increasing the basic amount of the fine by a deterrence factor of 100%, the Commission infringed Article 23(1) of Regulation No 1/2003 ¹ and the guidelines for setting fines based thereon, ² as well as the principles of proportionality and equality. The applicant contends further that, contrary to Article 23(1) of Regulation No 1/2003 and the guidelines on fines, the Commission imposed a 50% increase in the fine in respect of repeat offences.

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¹ - Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

² - Commission notice: Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty (OJ 1998 C 9, p. 3).