Action brought on 17 September 2010 - Global Steel Wire v Commission

(Case T-429/10)

Language of the case: Spanish

Parties

Applicant: Global Steel Wire, SA (Cerdanyola del Vallés, Spain) (represented by: F. González Díaz and A. Tresandí Blanco, lawyers)

Defendant: European Commission

Form of order sought

Principally, annul, under Article 263 of the Treaty on the Functioning of the European Union (TFEU), Commission Decision C(2010) 4387 (final) of 30 June 2010 in Case COMP 38344 - Prestressing steel;

in the alternative, annul or reduce, under Article 261 TFEU, the amount of the fine imposed by that decision;

in any event, order the Commission to pay the costs.

Pleas in law and main arguments

The contested decision in these proceedings is the same as in Case T-426/10 (Moreda-Rivière Trefilerías v Commission).

The pleas in law and main arguments are similar to those advanced in that case.

In particular, the applicant submits that the European Commission failed to meet the standard of proof required by Community case-law when it held GSW liable for the conduct of its subsidiaries. The European Commission did not prove that GSW was able to exercise a decisive influence over the conduct of the companies in which it held shares.

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