27.1.2007

EN

Official Journal of the European Union

C 20/26

(Case T-360/06)

(2007/C 20/39)

Language of the case: Dutch

Parties

Claimant: Heijmans NV (represented by: M.F.A.M. Smeets and A.M. van den Oord, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—annul in whole or in part the decision addressed to the claimant;

—set aside or reduce the fine imposed on the claimant;

—order the Commission to pay the costs of the present 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), whereby a fine was imposed on the claimant for breach of Article 81 EC.

The claimant first submits that there has been a breach of Article 81 EC and of Articles 2, 7 and 23(3) of Regulation No 1/2003. According to the claimant, the Commission has not proved that the claimant is a unitary organisation of natural persons and of material and immaterial assets which acted contrary to Article 81 EC by regulating the fixing of bitumen prices in the Netherlands. Furthermore, the claimant contends, there is no basis in law on which the claimant can be held principally liable and that determination of liability is unreasonable.

In support of its action, the claimant also relies on the similar pleas and arguments submitted by the claimant in Case T-358/06 Wegenbouwmaatschappij J. Heijmans B.V. v Commission.