Action brought on 16 September 2010 - Trenzas y Cables de Acero v European Commission

(Case T-428/10)

Language of the case: Spanish

Parties

Applicant: Trenzas y Cables de Acero (Santander, Spain) (represented by E. González Díaz and A. Tresandí Blanco, lawyers))

Defendant: European Commission

Form of order sought

Annulment pursuant to Article 263 of the Treaty on the functioning of the European Union of the decision of the European Commission of 30 June 2010 C(2010) 4387 final on a proceeding under Article 101 TFEU in Case COMP/38.344- Prestressing steel;

or, in the alternative, annulment or reduction pursuant to Article 261 of the Treaty on the functioning of the European Union of the amount of the fine imposed by that decision;

an order that the Commission should pay the costs.

Pleas in law and main arguments

The decision challenged in these proceedings is the same as that in Case T-426/10 Moreda-Riviere Trefilerías v Commission.

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

The applicant claims that the Commission made an error of fact and of law by applying Article 101 TFEU Article 101 TFEU so far as concerns the attribution of liability to TYCSA PSC by reason of the alleged infringement of that article in that the Commission attributes liability for the conduct described in the Decision to TYCSA PSC as an alleged member of an economic entity made up of various legal entities (GSW, TQ, MRT and TYCSA PSA itself) from 30 November 1992 to 19 September 2002.

____________