1.5.2009

EN

Official Journal of the European Union

C 102/30

(Case T-88/09)

2009/C 102/45

Language of the case: Italian

Parties

Applicants: Idromacchine Srl (Porto Marghera, Italy), Alessandro Capuzzo (Mirano, Italy), Roberto Capuzzo (Mogliano Veneto, Italy) (represented by: W. Viscardini and G. Donà, lawyers)

Defendant: Commission of the European Communities

Form of order sought

(A)Order the Commission of the European Communities:

(1)as regards material damage, to pay to Idromacchine Srl the sum of EUR 5 459 641,28 (or other such sum as the Court may determine);

(2)as regards non-material damage:

—to pay to Idromacchine Srl such sum as the Court shall deem fair and equitable – equivalent, it is suggested, to a significant percentage (for example, between 30 % and 50 %) of the sum paid in respect of material damage;

—to pay to Mr Alessandro Capuzzo and to Mr Roberto Capuzzo, individually, such sum as the Court shall deem fair and equitable, equivalent, it is suggested, also to a significant percentage (for example, between 30 % and 50 %) of the sum paid in respect of material damage;

(3)to restore the reputation of Idromacchine Srl, Mr Alessandro Capuzzo and Mr Roberto Capuzzo — by such means as the Court shall consider most appropriate (for example, by way of an ad hoc publication in the Official Journal and/or a letter addressed to the principal customers in the reference sector — by correcting the information concerning the applicants which appeared in the Official Journal of the European Union of 18 February 2005, series C 42, page 15 et seq;

(B)Order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

The applicants submit that the publication by the Commission of the name of Idromacchine Srl — a third party vis-à-vis the formal addressee of Commission Decision C(2004) 5426 final of 30 December 2004, published in the Official Journal of the European Union of 18 February 2005, series C 42, page 15 et seq — and of detrimental information relating to that company constitutes a serious breach of numerous principles of Community law and they therefore seek compensation for the very significant material and non-material damage suffered as a result.

In particular, by publishing the information in question without ensuring the necessary safeguards, the most important of which would have been to afford the applicants a prior opportunity to be heard, the Commission failed in its duties of diligence and infringed the principles of the safeguarding of the rights of defence and of professional confidentiality.

In any event, given that the published decision is not addressed to Idromacchine Srl, the publication of information concerning that company must be regarded as disproportionate in terms of the objective pursued by the Commission, which was limited to publishing information relating to the application of Community competition rules.

As regards the damage incurred, the publication of information in the manner set out above has had the effect of reducing Idromacchine Srl’s turnover to zero in the sector in which it operates and has seriously damaged the reputation of the company and the persons who represent it.