Action brought on 1 September 2011 - Total and Elf Aquitaine v Commission

(Case T-470/11)

Language of the case: French

Parties

Applicants: Total SA (Courbevoie, France) and Elf Aquitaine SA (Courbevoie) (represented by: A. Noël-Baron and É. Morgan de Rivery, lawyers)

Defendant: European Commission

Form of order sought

Principally, declare invalid the Commission's letters BUDG/DGA/C4/BM/s746396 of 24 June 2011 and BUDG/DGA/C4/BM/s812886 of 8 July 2011 in their entirety;

In the alternative, reduce the amount of the sum claimed from the applicants in the Commission's letter BUDG/DGA/C4/BM/s812886 of 8 July 2011 or at the very least annul the late-payment interest in the amount of EUR 31 312 114.58 imposed on Elf Aquitaine, for which Total is jointly liable up to the amount of EUR 19 191 296.03;

In any event, order the Commission to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission erred in law and breached its obligations by failing, in their regard, to draw the consequences from the judgment of the General Court in Case T-217/06 Arkema France and Others v Commission [2011] ECR II-0000, by which the fine imposed on the appellants' subsidiaries in Case COMP/F/38.645 - Methacrylates was reduced. Inter alia, the appellants submit that:

they should, as parent companies held responsible as such for the cartel, also benefit from the reduction in the fine imposed on their subsidiaries, despite the fact that their own action brought against that decision was dismissed by the judgment of the General Court in Case T-206/06 Total and Elf Aquitaine v Commission;

by the payment made by Arkema SA of the full amount of the fine imposed on the appellants and their subsidiaries by the decision in Case COMP/F/38.645, the Commission received what was due to it and consequently can no longer claim anything from the appellants.

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