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Action brought on 26 August 2008 - Uralita v Commission

(Case T-349/08)

Language of the case: English

Parties

Applicant: Uralita, SA (Madrid, Spain) (represented by: I. Forrester, QC, K. Struckmann, P. Lindfelt, J. Garcia-Nieto Esteva, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Annul Commission decision of 11 June 2008 - Case COMP/F/38.695 - Sodium Chlorate as far as it relates to Uralita; and

Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

By means of this application the applicant seeks partial annulment pursuant to Article 230 EC of Commission Decision C(2008)2626 final of 11 June 2008 (Case COMP/38.695 - Sodium Chlorate) relating to a proceeding under Article 81(1) EC and Article 53(1) EEA in so far as it finds that the applicant must be held jointly and severally liable for infringement allegedly committed by Aragonesas, in which the applicant held shares, during the period 16 December 1996 through 9 February 2000.

The applicant puts forward two pleas in law in support of its claims.

First, it submits that the Commission erred in law by imputing the conduct of Aragonesas to Uralita by way of parent-subsidiary liability.

Second, the applicant submits that the Commission erred in imputing the conduct of Aragonesas to Uralita by way of succession.

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