EN

Official Journal of the European Union

C 317/35

(Case T-422/10)

()

2010/C 317/64

Language of the case: Italian

Parties

Applicant: Emme Holding SpA (Pescara, Italy) (represented by: G. Visconti, E. Vassallo di Castiglione, M. Siragusa, M. Beretta and P. Ferrari, lawyers)

Defendant: European Commission

Form of order sought

—Annul or reduce the fine imposed by the Commission on Emme Holding by decision of 30 June 2010 (Case COMP/38.344 — Pre-stressing steel).

—Order the Commission to pay the costs.

Pleas in law and main arguments

The decision contested in the present case is the same as that in Case T-385/10 ArcellorMittal Wire France and Others v Commission.

In particular, the applicant submits that:

—the attribution to the applicant of a single and continuous infringement instituted by all the European cartels (Club Europa) and all the national/regional cartels (Club Italiano, Club España and the Accordo Meridionale) is unjustified. The applicant has never in fact participated (actively or passively) at European level in the alleged infringement. Similarly, Trame was unaware of any regional or national cartels operating in countries other than Italy.

—the decision takes account of both stranded wire (7 strands) and braided wire (2-3 strands). However, the applicant submits that braided wire has never been the subject of a cartel in connection with Club Italia. The turnover generated by that product should therefore not be taken into account in calculating the fine.

The applicant also seeks a reduction of the fine, on the ground that its participation in the alleged infringement was marginal, and on account of its inability to pay.