28.1.2012

Official Journal of the European Union

C 25/64

(Case T-607/11)

(2012/C 25/123)

Language of the case: English

Parties

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

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul the Commission’s decision of 30 September 2011 not to transfer fifteen documents produced in the Case COMP/39.579 (consumer detergents) to the French Competition Authority;

—order that the Commission allows the applicants to rely on the requested documents in the ongoing proceedings before the Authority;

—order the Commission to pay the applicants’ legal and other costs and expenses incurred in relation to the present application; and

—take any other measures that the General Court considers appropriate.

Pleas in law and main arguments

The action contains one plea. According to this single plea, the Commission unlawfully dismissed the French Competition Authority’s request to transfer the requested fifteen documents and thereby infringed its duties under Article 4(3) of the Treaty on European Union and the applicants’ fundamental rights of defense and the principle of equality of arms.