Official Journal of the European Union

C 155/35

(Case T-154/07)

(2007/C 155/64)

Language of the case: Dutch

Parties

Applicant: ThyssenKrupp Liften BV (Krimpen aan den IJssel, Netherlands) (represented by: O.W. Brouwer and A.C.E. Stoffer, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—annul the contested decision in so far as it relates to the applicant;

—in the alternative, reduce the fine imposed on the applicant;

—order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant is challenging Commission Decision C(2007) 512 final (Case COMP/E-1/38.823 — PO/Elevators and Escalators).

In support of its application the applicant invokes the same pleas in law as those put forward in Case T-144/07 ThyssenKrupp Liften Ascenseurs v Commission.

The applicant also submits that, by increasing the basic amount of the fine by a deterrence factor of 100 %, the Commission infringed Article 23(1) of Regulation No 1/2003 (1) and the guidelines for setting fines based thereon (2), as well as the principles of proportionality and equality. The applicant contends further that, contrary to Article 23(1) of Regulation No 1/2003 and the guidelines on fines, the Commission imposed a 50 % increase in the fine in respect of repeat offences.

(1) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

(2) Commission notice: Guidelines on the method of setting fines imposed pursuant to Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC Treaty (OJ 1998 C 9, p. 3).