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Document 62014TN0439
Case T-439/14: Action brought on 16 June 2014 — LS Cable & System v Commission
Case T-439/14: Action brought on 16 June 2014 — LS Cable & System v Commission
Case T-439/14: Action brought on 16 June 2014 — LS Cable & System v Commission
OJ C 282, 25.8.2014, p. 45–46
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.8.2014 |
EN |
Official Journal of the European Union |
C 282/45 |
Action brought on 16 June 2014 — LS Cable & System v Commission
(Case T-439/14)
2014/C 282/59
Language of the case: English
Parties
Applicant: LS Cable & System Ltd (Anyang, Republic of Korea) (represented by: S. Kinsella and S. Spinks, Solicitor)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
Annul Articles 1(11) and 2(t) of the Commission Decision C(2014) 2139 of 2 April 2014 relating to a proceeding under Article 101 TFEU and Article 53 EEA in case AT.39610 — Power Cables (the ‘Decision’) insofar as it is addressed to the applicant; |
— |
In the alternative, substantially reduce the amount of the fine imposed on the applicant in Article 2(t) of the Decision; |
— |
Order the European Commission to pay the applicant’s costs for these proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging that, the Decision fails to adduce evidence capable of demonstrating to the requisite legal standard that the applicant participated in the single continuous infringement, as the Decision relies on incorrect reasoning and adduces insufficient evidence of the applicant’s participation in the infringement in violation of Article 101(1) TFEU, Article 2 of Regulation 1/2003 and the principle of the presumption of innocence. |
2. |
Second plea in law, alleging that the Decision’s application of point 18 of the Fining Guidelines violates the Fining Guidelines and infringes the principles of proportionality, equal treatment and the protection of legitimate expectations because:
|
3. |
Third plea in law, alleging that the Decision breaches Article 23 of Regulation (EC) 1/2003, point 20 of the Fining Guidelines and the principle of proportionality by failing properly to have regard to the gravity of the infringement in fixing the applicant’s amount of the fine by failing to take account of:
|
4. |
Fourth plea in law, alleging that the Decision breaches the principles of proportionality and equal treatment in failing to grant the applicant a mitigating circumstance reduction higher than 11 %. |