Orders nº T-253/03 of Court of First Instance of the European Communities, February 26, 2007

• Resolution Date: February 26, 2007
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-253/03

(Intervention – Admission – Representative association whose object is the protection of its members)

In Case T‑253/03,

Akzo Nobel Chemicals Ltd, established in Surrey (United Kingdom),

Akcros Chemicals Ltd, established in Surrey,

represented by C. Swaak and M. Mollica, lawyers,

applicants,

supported by

Council of Bars and Law Societies of the European Union (CCBE), established in Brussels (Belgium), represented by J. Flynn QC,

by

Algemene Raad van de Nederlandse Orde van Advocaten, established in The Hague (Netherlands), represented by O. Brouwer, lawyer,

by

European Company Lawyers Association (ECLA), established in Brussels, represented by M. Dolmans and K. Nordlander, lawyers, and J. Temple Lang, Solicitor,

and by

American Corporate Counsel Association (ACCA) – European Chapter, established in Paris (France), represented by G. Berrisch, lawyer, and D. Hull, Solicitor,

interveners,

v

Commission of the European Communities, represented initially by R. Wainwright and C. Ingen-Housz, and subsequently by R.Wainwright and F. Castillo de la Torre, acting as Agents,

defendant,

APPLICATION by the International Bar Association for leave to intervene in support of the form of order sought by the applicants in this case, which seeks annulment of Decision C(2003) 1533 final of 8 May 2003 refusing an application for legal professional privilege to be applied to certain documents seized in the course of an investigation ordered under Article 14(3) of Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition 1959-1962, p. 87),

THE PRESIDENT OF THE FIRST CHAMBER OF THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES

makes the following

Order

Facts and procedure

1 On 30 January 2003, the Commission adopted Decision C(2003) 85/4 on the basis of Article 14(3) of Council Regulation No 17 of 6 February 1962: First Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition 1959-1962, p. 87), ordering Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd (‘the applicants’) to submit to an investigation aimed at seeking evidence of possible anticompetitive practices (‘the decision of 30 January 2003’). On 10 February 2003, the Commission adopted Decision C(2003) 559/4, also on the basis of Article 14(3) of Regulation No 17 (‘the decision of 10 February 2003’), amending the decision of 30 January 2003.

2 On 12 and 13 February 2003, on-the-spot investigations were carried out on the basis of those decisions at the applicants’ premises in Eccles, Manchester (United Kingdom). In the course of that investigation, the Commission officials took copies of a large number of documents. During those operations, the applicants’ representatives indicated to the Commission officials that a number of documents were likely to be covered by legal professional privilege. While the documents concerned were being examined a disagreement arose as regards five documents, which were...