Notices for publication in the OJ nº T-360/09 of Court of First Instance of the European Communities, November 21, 2009

Resolution Date:November 21, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-360/09

Annulment of Commission Decision C (2009) 5355 final of 8 July 2009 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/39.401 — E.ON/GDF), concerning a cartel on the German and French natural gas markets and, in the alternative, a reduction in the amount of the fine imposed on the applicants.


Action brought on 18 September 2009 - E.ON Ruhrgas and E.ON v Commission

(Case T-360/09)

Language of the case: German


Applicants: E.ON Ruhrgas AG (Essen, Germany), E.ON AG (Düsseldorf, Germany) (represented by: G. Wiedemann and T. Klose, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul the contested decision;

in the alternative, reduce, as appropriate, the amount of the fine imposed on the applicants in the contested decision;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The applicants challenge Commission Decision C(2009) 5355 final of 8 July 2009 in Case COMP/39.401 - E.ON/GDF. In the contested decision, a fine was imposed on the applicants and another undertaking for infringement of Article 81(1) EC, as they had participated in an agreement and concerted practices in the natural gas sector.

The applicants submit six pleas in support of their action.

First, the applicants question the applicability of Article 81(1) EC, as the agreements, criticised by the Commission, do not infringe the prohibition on cartels. In that regard, they claim, in particular, that they relate to permissible ancillary arrangements for the creation of the joint venture MEGAL.

Second, the applicants submit, in the alternative, that the Commission erred in law in assessing the duration of the infringement. In that regard, they claim that the agreements at issue came to an end shortly after the beginning of liberalisation and, in any event, with the formal...

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