27.1.2007

EN

Official Journal of the European Union

C 20/16

(Case T-343/06)

(2007/C 20/23)

Language of the case: English

Parties

Applicants: Shell Petroleum NV (The Hague, The Netherlands), The Shell Transport and Trading Company Ltd (London, United Kingdom), Shell Nederland Verkoopmaatschappij BV (Capelle aan den IJssel, The Netherlands) (represented by: O.W. Brouwer, W. Knibbeler, S. Verschuur, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Shell Petroleum NV and The Shell Transport and Trading Company Ltd request the Court:

—To annul, in full, Commission's Decision of 13 September 2006 relating to a proceeding under Article 81 EC (Case COMP/F/38.456 — Bitumen — NL, hereinafter, 'the decision') insofar as it is addressed to Shell Petroleum NV and The Shell Transport and Trading Company Ltd; or in the alternative

—to annul, in part, the decision, insofar as it finds that Shell Petroleum NV and The Shell Transport and Trading Company Ltd infringed Article 81 EC between 1 April 1994 and 19 February 1996 and to reduce the fine imposed upon them; and

—in any event, to reduce the fine imposed on Shell Petroleum NV and The Shell Transport and Trading Company Ltd pursuant to the decision;

—to order the defendant to pay the costs of the proceedings, including costs incurred by Shell Petroleum NV and The Shell Transport and Trading Company Ltd associated with payment in whole or in part of the fine or constituting a bank guarantee;

—take any other measures that the Court considers to be appropriate.

Shell Nederland Verkoopmaatschappij BV requests the Court:

—to annul, in part, the decision insofar as it finds that Shell Nederland Verkoopmaatschappij BV infringed Article 81 EC between 1 April 1994 and 19 February 1996 and to reduce the fine imposed upon it; and

—in any event, to reduce the fine imposed on Shell Nederland Verkoopmaatschappij BV pursuant to the decision;

—to order the defendant to pay the costs of the proceedings, including costs incurred by Shell Verkoopmaatschappij BV associated with payment in whole or in part of the fine or constituting a bank guarantee;

—take any other measures that the Court considers to be appropriate.

Pleas in law and main arguments

The applicants argue that the following elements of the decision are based on errors of law and errors of assessment:

(a) the finding that Shell Verkoopmaatschappij BV was an instigator and leader of the cartel;

(b) the attribution of liability for the infringement to The Shell Transport and Trading Company Ltd and Shell Petroleum NV;

(c) the increase in the fine for repeated infringement;

(d) the calculation of the starting amount for Shell Nederland Verkoopmaatschappij BV;

(e) the duration of the infringement.