24.5.2008   

EN

Official Journal of the European Union

C 128/22


Appeal brought on 3 March 2008 by Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals International BV, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV against the judgment of the Court of First Instance (Second Chamber) delivered on 12 December 2007 in Case T-112/05: Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals International BV, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV v Commission of the European Communities

(Case C-97/08 P)

(2008/C 128/38)

Language of the case: English

Parties

Appellants: Akzo Nobel NV, Akzo Nobel Nederland BV, Akzo Nobel Chemicals International BV, Akzo Nobel Chemicals BV, Akzo Nobel Functional Chemicals BV (represented by: Mr C. Swaak, advocaat, Mr M. van der Woude, avocat, Ms M. Mollica, avvocato)

Other party to the proceedings: Commission of the European Communities

Form of order sought

The appellants claim that the Court should rule:

that the judgment of the Court of First Instance of 12 December 2007 in Case T-112/05 be set aside, insofar as it rejected the plea that responsibility was wrongfully attributed — jointly and severally — to Akzo Nobel NV;

that the Contested Decision be annulled, in as far as it attributed responsibility to Akzo Nobel NV;

that the Commission pay the costs of this appeal and of the proceedings before the Court of First Instance in as far as they concern the plea raised in the present appeal.

Pleas in law and main arguments

The applicants consider that the Court of First Instance has misapplied the concept of ‘undertaking’ within the meaning of Article 81 EC and Article 23(2) of Regulation 1/2003 (1), as interpreted by the Court in its case-law on the imputation of the unlawful conduct of a subsidiary to its parent company.


(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, p. 1).