Action brought on 22 February 2008 - Global Digital Disc v Commission

(Case T-96/08)

Language of the case: German

Parties

Applicant: Global Digital Disc GmBH & Co. KG (Dresden, Germany) (represented by: E. Stein, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul Commission decision COMP/C-3/38.803 of 7 December 2007 - Global Digital Disc (GDD) v Philips;

Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant contests Commission decision COMP/C-3/38.803 of 7 December 2007 - Global Digital Disc (GDD) v Philips. In that decision the Commission dismissed the applicant's complaint, in which it pleaded several infringements of Article 82 EC by the party complained of in connection with that party's licensing practice in the CD-R field, pursuant to Article 7(2) of Regulation (EC) No 773/2004. ¹

In its grounds of complaint the applicant contends first that the Commission failed to fulfil its obligation to give reasons. Furthermore the defendant infringed the applicant's rights of defence. Finally the applicant complains that the Commission's arguments for rejecting the Community-wide importance of the subject-matter of the complaint are misjudged.

____________

¹ - Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ 2004 L 123, p. 18)