Action brought on 5 December 2006 - Koninklijke Volker Wessels Stevin v Commission

(Case T-356/06)

Language of the case: Dutch

Parties

Claimant: Koninklijke Volker Wessels Stevin NV (represented by: E.H. Pijnacker Hordijk and Y. de Vries, lawyers)

Defendant: Commission of the European Communities

Form of order sought

set aside Articles 1, 2 and 3 of the Decision of 13 September 2006 relating to a proceeding under Article 81 EC (Case No COMP/38.456 - Bitumen - NL), or at least set that decision aside to the extent to which it is addressed to Koninklijke Volker Wessels Stevin;

order the Commission to pay its own costs and also those of Koninklijke Volker Wessels Stevin.

Pleas in law and main arguments

The claimant is challenging the Commission's decision of 13 September 2006 relating to a proceeding under Article 81 EC (Case No COMP/38.456 - Bitumen - NL), which imposed a fine on the claimant for breach of Article 81 EC.

In support of its action, the claimant invokes a breach of Article 81 EC and of Articles 7 and 23(2) of Regulation No 1/2003. According to the claimant, the Commission applied an incorrect standard for the purpose of determining the liability of a parent company and in so doing wrongly concluded that the claimant was principally liable for the alleged conduct of Koninklijke Wegenbouw Stevin B.V.

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