This document is an excerpt from the EUR-Lex website
Document 62011TN0655
Case T-655/11: Action brought on 22 December 2011 — FSL and Others v Commission
Case T-655/11: Action brought on 22 December 2011 — FSL and Others v Commission
Case T-655/11: Action brought on 22 December 2011 — FSL and Others v Commission
OJ C 58, 25.2.2012, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.2.2012 |
EN |
Official Journal of the European Union |
C 58/13 |
Action brought on 22 December 2011 — FSL and Others v Commission
(Case T-655/11)
2012/C 58/25
Language of the case: English
Parties
Applicants: FSL Holdings (Antwerp, Belgium), Firma Léon Van Parys (Antwerp, Belgium) and Pacific Fruit Company Italy SpA (Rome, Italy) (represented by: P. Vlaemminck and C. Verdonck, lawyers)
Defendant: European Commission
Form of order sought
— |
Annul Articles 1 and 2 of the Decision of the Commission of 12 October 2011 rendered in Case COMP/39.482 — Exotic Fruits — Bananas; |
— |
In subsidiary order, annul Article 2 of the contested decision insofar as it imposes a fine on the applicants of EUR 8 919 000 and to reduce the fine in line with the arguments raised by the applicants in the application before the General Court. |
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 breach of essential procedural requirements and the rights of defence, as:
|
2. |
Second plea in law, alleging misuse of powers by the defendant. |
3. |
Third plea in law, alleging an incorrect assessment of evidence, as well as the inability of the evidence to support the finding of an infringement. |
4. |
Fourth plea in law, alleging an infringement of Article 23(3) of Council Regulation (EC) No 1/2003 (1) and of the 2006 fining guidelines (2) due to a manifest incorrect assessment of the gravity and duration of the infringement, as well as of the mitigating circumstances, and a breach of the principle of non-discrimination in the calculation of the fine. |
(1) 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)
(2) Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ 2006 C 210, p. 2)