8.3.2008

EN

Official Journal of the European Union

C 64/48

(Case T-495/07)

(2008/C 64/79)

Language of the case: Spanish

Parties

Applicant: Productos Asfálticos (Proas), SA (Madrid, Spain) (represented by: C Fernandez Vicién, P Carmona Botana and A. Pereda Miquel, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Annul the Commission Decision [C(2007) 4441],or alternatively, reduce the fine imposed on Productos Asfálticos SA, and

—Order the Commission to pay all the costs of these proceedings.

Pleas in law and main arguments

The action is directed against Commission Decision C(2007) 4441 final of 3 October 2007in the Case COMP/38710 — Bitumen Spain. In the contested decision, the Commission declared that the applicant, together with other companies, had infringed Article 81 EC by having taken part, over a certain period, in a set of agreements and concerted practices in the market for penetration bitumen, namely agreements for sharing the market and coordinating prices. In respect of those infringements the Commission imposed a fine for which the applicant and another company are jointly and severally liable.

In support of its claims, the applicant first alleges that the Commission erred in the assessment of the facts. In that context, the applicant considers that the Commission incorrectly assessed the seriousness of the infringement and the position of the applicant in the cartel, with particular reference to its specific weight in the market and the assessment that it was co-leader of the cartel.

Secondly, the applicant complains that the Commission infringed the applicable law. The applicant claims that the contested decision infringes the principle of equal treatment by incorrectly applying the Notice on cooperation of 2002 (1), infringes the principle of sound administration by not having completed the procedure within a reasonable time and sets a fine which is above the lawful limit established in Regulation (EC) No 1/2003 (2), thereby infringing the principle of proportionality.

In addition, the applicant considers that the Commission infringed the obligation to state reasons.

(1) Commission notice on immunity from fines and reduction of fines in cartel cases (OJ 2002, C 45, p. 3).

(2) 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).