23.10.2010

EN

Official Journal of the European Union

C 288/62

(Case T-370/10)

()

(2010/C 288/111)

Language of the case: Italian

Parties

Applicant: Rubinetterie Teorema SpA (Flero, Brescia, Italy) (represented by: R. Cavani, lawyer, M. Di Muro, lawyer, P. Preda, lawyer)

Defendant: European Commission

Form of order sought

—Annul Decision C(2010) 4185 of 23 June 2010;

—In the alternative, impose a token fine;

—In the further alternative, substantially reduce the fine imposed by the decision to such amount as the Court deems appropriate;

—Order the Commission to pay the costs.

Pleas in law and main arguments

The decision contested in these proceedings is the same as that contested in Case T-368/10 Rubinetteria Cisal v Commission.

The pleas in law and main arguments are similar to those relied on in that case.

In particular, the applicant alleges:

—Infringement of the rights of the defence in relation to Teorema and the consequent invalidity of the decision owing to:

—the delay in communicating to Teorema the accusations made by the Commission;

—the difficulties in accessing the file and the lack of an adequate extension of the time-limits;

—The fact that there is no agreement whose purpose or effect is to prevent, restrict or distort competition and/or no adverse effects on Community trade, and

—The incorrect assessment of the evidence relating to the alleged involvement of Teorema in Euroitalia’s meetings.