EN

Official Journal of the European Union

C 121/14

(Case T-78/06)

(2006/C 121/24)

Language of the case: Spanish

Parties

Applicant: Armando Álvarez (Madrid, Spain) (represented by: E. Garayar and A. García Castillo, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Declare the present action for annulment admissible;

—Annul Decision C(2005) 4634 Final of 30 November 2005, in Case COMP/F/38.354 in so far as it imputes liability to Armando Álvarez, S.A.;

—Order the Commission to pay all costs incurred by Armando Álvarez, S.A. in the present proceedings.

Pleas in law and main arguments

This action seeks annulment of Commission C(2005) 4634 Final of 30 November 2005 in Case COMP/F/38.354 — industrial bags. In the contested decision, the Commission states that the applicant, together with other companies, infringed Article 81 EC by participating, in the period 1991-2002, in agreements and concerted practices in the industrial plastic bag sector in Germany, Belgium, the Netherlands, Luxembourg, Spain and France. In respect of these infringements, the Commission imposed a fine on the applicant jointly and severally with Plásticos Españoles, S.A.

In support of its claim, the applicant alleges that the Commission wrongly assessed the facts and infringed the principle of the presumption of innocence and the claimant's rights of defence.