Notices for publication in the OJ nº T-370/09 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-370/09

Action brought on 18 September 2009 - GDF Suez v Commission

(Case T-370/09)

Language of the case: French

Parties

Applicant: GDF Suez (Paris, France) (represented by: J.-P. Gunther and C. Breuvart, lawyers)

Defendant: Commission of the European Communities

Form of order sought

annul, entirely or in part, Article 1 of the Decision insofar as it makes GDF Suez liable for having infringed the provisions of Article 81(1) EC by participating in an agreement and in concerted practices in the natural gas sector from at least 1 January 1980 until 30 September 2005, with regard to the infringement in Germany, and from 10 August 2000 at least until 30 September 2005, with regard to the infringement in France and, as a consequence, in addition annul Article 3 of the Decision insofar as it requires GDF Suez to cease the infringements referred to in Article 1 or with an identical or similar object or effect;

in the alternative, annul or substantially reduce the amount of the fine imposed on GDF Suez under Article 2 of the Decision;

order the Commission to pay the costs.

Pleas in law and main arguments

By its present application, GDF Suez seeks, principally, the annulment, total or partial, of Decision C(2009) 5355 final adopted by the European Commission on 8 July 2009 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/39.401 - E.ON/GDF), concerning an agreement and concerted practices in the natural gas sector. In the alternative, the applicant seeks the annulment of or, failing that, a reduction in the fine imposed on it by that decision.

In support of its principal application for annulment of the Decision, the applicant raises four pleas in law, alleging:

infringement of Article 81 EC, of the rules on collection of evidence and the duty to give reasons with regard to the existence of an agreement and/or a concerted practice between GDF Suez and E.ON/E.ON Ruhrgas before August 2000, because of:

the lack of anticompetitive subject-matter and effect of the 1975 side letters before August 2000;

the lack of effect on intra-Community trade before August 2000; and

the lack of any proof of the alleged infringement between January 1980 and February 1999;

infringement of Article 81 EC, the rules on collection of evidence and the duty to give reasons with regard to the existence of an agreement and/or a concerted practice between GDF Suez and E.ON/E.ON Ruhrgas after August 2000, because of:

the lack of a single and continuous infringement...