26.10.2015   

EN

Official Journal of the European Union

C 354/52

Action brought on 10 September 2015 — CCPL and Others v Commission

(Case T-522/15)

(2015/C 354/63)

Language of the case: Italian

Parties

Applicants: CCPL — Consorzio Cooperative di Produzione e Lavoro SC (Reggio Emilia, Italy), Coopbox group SpA (Reggio Emilia, Italy), Poliemme Srl (Reggio Emilia, Italy), Coopbox Hispania, SL (Lorca, Spain), Coopbox Eastern s.r.o. (Nové Mesto nad Váhom, Slovakia) (represented by: S. Bariatti and E. Cucchiara, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—

annul the fine imposed on the applicants; or

—

in the alternative, reduce the amount of that fine; and, in any event

—

order the Commission to pay the costs.

Pleas in law and main arguments

The present action is brought against Commission Decision No C(2015) 4336 final of 24 June 2015 in Case AT.39563 — Retail food packaging, concerning the infringement of Article 101 of the Treaty on the Functioning of the European Union.

In support of that action, the applicants rely on five pleas in law.

1.

First plea in law, alleging misuse of powers on the grounds of failure to investigate adequately and to state reasons concerning the effects of the infringement.

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The applicants claim in that respect that the conduct at issue has not taken place in practice, as is clear from the documents relating to the investigation and as even the Commission acknowledged in the contested decision. That situation should have been duly taken into consideration in the overall assessment of the severity of the infringements and, accordingly, when determining the applicable fines. However, that aspect is not taken into consideration in the contested decision. Nor are any reasons given in that regard.

2.

Second plea in law, alleging infringement of the principles of proportionality and adequacy in determining the basic amount of the penalty.