Notice for the OJ

 

Action brought on 20 February 2003 by Acciaierie e Ferriere Leali Luigi S.p.A. (in liquidation) against the Commission of the European Communities

    (Case T-58/03)

    Language of the case: Italian

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 20 February 2003 by Acciaierie e Ferriere Leali Luigi S.p.A. (in liquidation), represented by Giovanni Vezzoli, Gianluca Belotti and Elisabetta Stefania Piromalli, lawyers.

The applicant claims that the Court should:

(annul the contested decision;

(in the alternative, reduce the fine imposed to take account of the fact that conduct subsequent to its going into liquidation (25 November 1998 / 4 December 1998) cannot be imputed to Acciaierie e Ferriere Leali Luigi S.p.A. (in liquidation) and to take account of wrongful application of the increase in respect of duration to the whole of the basic fine as well as the specific financial situation of Acciaierie e Ferriere Leali Luigi S.p.A. (in liquidation), and

(order the Commission to pay the costs.

Pleas in law and main arguments

The present action is brought against the same decision as that challenged in Case T-27/03 S.P. v Commission.

The pleas in law and principal arguments are similar to those in that case. Of particular importance are pleas alleging infringement of the rights of the defence in the procedure conducted by the Commission and inequality of treatment in that the Commission recognised in the case of another undertaking involved in the same procedure mitigating factors which it denied the applicant.

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