14.4.2007   

EN

Official Journal of the European Union

C 82/39

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annul the contested decision;

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in the alternative, annul Article 2 of the operative part of that decision;

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in the further alternative, reduce the amount of the fine imposed on the applicant in the contested decision;

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order the defendant to pay the costs of the proceedings.

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infringement of the principle of nulla poena sine lege, since, in the absence of transitional provisions, the Commission had no power to apply retroactively the CS Treaty which expired in 2002;

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unlawful application of Regulation (EC) No 1/2003 (1), since it grants entitlement only to apply Articles 81 EC and 82 EC, but not the CS Treaty;

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infringement of the principal of res iudicata, since the Court of Justice has already given final judgment in the case to the effect that on the merits the applicant is not liable for the infringement of Thyssen Stahl AG which was alleged against it and attributed to it once more in the contested decision;

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lack of responsibility of the applicant by way of a private declaration of assumption of liability, since such a declaration is declaratory at most;

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infringement of the principle of legal certainty since the basis for the penalty and the basis for the attribution of liability are insufficiently certain;

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infringement of the principle of ne bis in idem, because a fine has been imposed on the applicant already in the first proceedings on the same facts, a matter on which the Court has given final judgment;

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the infringement is time barred;

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infringement of the right of access to the file;

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infringement of the right to be heard due to incomplete objections; and

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miscalculation of the fine in the light of the 1996 Leniency Notice (2).