27.1.2007   

EN

Official Journal of the European Union

C 20/21


Action brought on 5 December 2006 — Dura Vermeer Infra v Commission

(Case T-352/06)

(2007/C 20/31)

Language of the case: Dutch

Parties

Claimant: Dura Vermeer Infra BV (represented by: M.M. Slotboom, lawyer)

Defendant: Commission of the European Communities

Form of order sought

annul Articles 1(d) and 2(d) of the decision in so far as the liability of Dura Vermeer Infra is concerned; and

order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The claimant is challenging the Commission's decision of 13 September 2006 relating to a proceeding under Article 81 EC (Case No COMP/38.456 — Bitumen — NL), by which a fine was imposed on the claimant for breach of Article 81 EC.

In support of its application, the claimant invokes the same pleas in law and arguments as does the claimant in Case T-351/06 Dura Vermeer Groep NV v Commission.