23.2.2008

EN

Official Journal of the European Union

C 51/56

(Case T-482/07)

(2008/C 51/101)

Language of the case: English

Parties

Applicants: AB Nynäs Petroleum (Stockholm, Sweden) and Nynas Petróleo, SA (Madrid, Spain) (represented by: D. Beard, Barrister and M. Dean, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

—Annulment of Article 1 of the decision insofar as it applies to Nynas for the period 1991-1996;

—annulment of Article 1 of the decision insofar as it applies to Nynas in respect of price coordination;

—annulment of Article 2 of the decision insofar as it imposes fines of EUR 10 642 500 on Nynas SA and EUR 10 395 000 on AB Nynäs or, in the alternative, reduce that fine as appropriate;

—order that the Commission pays the costs of the appeal.

Pleas in law and main arguments

By means of this application partial annulment is sought, pursuant to Article 230 EC, of Commission Decision C(2007) 4441 final of 3 October 2007 relating to a proceeding under Article 81 EC (Case COMP/38.710 — Bitumen — Spain) by which the Commission found that the applicants, Nynäs Petroleum and Nynas Petróleo (together ‘Nynas’), among other undertakings, participated in a set of agreements and concerted practices in the penetration bitumen business which covered the territory of Spain and which consisted in market sharing agreements and price coordination; as well as/or reduction of the fine imposed on the applicant, pursuant to Article 229 EC.

The grounds of the appeal are based on the following pleas:

(i)It is claimed that the Commission erred in its assessment of the duration of the involvement of Nynas in the alleged market allocation arrangements, in particular, by holding that Nynas has participated in the alleged infringement between 1991 and 1996.

(ii)It is further submitted that the Commission erred in its finding that Nynas were involved in the alleged pricing infringements.

(iii)Finally, the applicants contend that the Commission erred in its assessment of the degree of involvement by Nynas in aspects to the infringements and in setting the appropriate level of the fine to be imposed on Nynas.