Action brought on 14 December 2010 - Moreda-Riviere Trefilerías v Commission

(Case T-575/10)

Language of the case: Spanish

Parties

Applicant: Moreda-Riviere Trefilerías, S.A. (Gijón, Spain) (represented by F. González Díaz and A. Tresandi Blanco, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

-    annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission of 30 September 2010 amending the decision of 30 June 2010 (C(2010)4837 final in Case COMP/38344 - prestressing steel); and

-    order the European Commission to pay the costs.

Pleas in law and main arguments

In support of its appeal, the applicant relies on three pleas in law:

-    first plea, based on breach of the principle of inalterability of the acts of the institutions and of the principle of good administration.

-    second plea, based on the fact that the amended decision breached essential procedural requirements, in that it was adopted without the mandatory consultation of the Advisory Committee on Restrictive Practices and Dominant Positions, as required pursuant to Article 14 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

-    third plea, in the alternative, based on breach of the principle of non-discrimination in the fixing of the conditions of the payment of the fine and breach of the obligation to state the reasons on which the decision is based.

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