31.3.2012

Official Journal of the European Union

C 98/28

(Case T-64/12)

2012/C 98/45

Language of the case: English

Parties

Applicants: Henkel AG & Co. KGaA (Düsseldorf, Germany) and Henkel France (Boulogne-Billancourt, France) (represented by: R. Polley, T. Kuhn, F. Brunet and E. Paroche, lawyers)

Defendant: European Commission

Form of order sought

—Annul the Decision of the European Commission of 7 December 2011 in Case ‘COMP/39579 — Consumer Detergents’, pursuant to which the defendant has dismissed the applicants’ request to transfer documents produced in case COMP/39579 to the French Autorité de la Concurrence with respect to its case 09/0007F concerning the French detergents sector;

—Order the defendant to allow the applicants to rely on the requested documents in the proceedings before the Paris Court of Appeals in which the applicants challenge the decision of the French Autorité de la Concurrence of 8 December 2011 (or in proceedings before the Autorité de la Concurrence, should the latter decide to reopen its case);

—Order the defendant to pay the applicants’ legal and other costs and expenses in relation to this matter; and

—Take any other measures as the Court may consider appropriate.

Pleas in law and main arguments

In support of the action, the applicants rely on one plea in law, alleging that the defendant unlawfully dismissed the applicants’ request to transmit the requested documents or to allow the applicants’ use of the requested documents in the French proceedings, thereby infringing the applicants’ fundamental rights of defence, as well as its own duties under Article 4(3) TUE.