Order of the Court (Fifth Chamber) of 31 March 2011 – EMC Development v Commission
(Case C-367/10 P)
Appeal – Agreements, decisions and concerted practices – European cement market – Action for annulment of a decision rejecting a complaint against the adoption of a harmonised standard for cement – Procedure for the adoption of the standard – Binding nature of the standard – Appeal clearly inadmissible in part and clearly unfounded in part
1.Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 39-40, 58)
2.Appeals – Grounds – Inadequate statement of reasons – Extent of the obligation to state reasons (Statute of the Court of Justice, Arts 36 and 53(1); Rules of Procedure of the General Court, Art. 81) (see paras 46, 48)
3.Appeals – Grounds – Breach of the prohibition of ruling on a new plea – Argument amounting to no more than amplification of an argument raised in the defence – Plea clearly not founded (Rules of Procedure of the General Court, Art. 48(2)(1)) (see paras 57, 62-64)
4.Competition – Administrative procedure – Examination of complaints – Commission’s duty to adopt a decision as to the existence of an infringement – None – Statement of reasons for classification decision – Scope (Council Regulations No 17, Art. 3, and No 1/2003, Art. 7; Commission Regulations No 2842/98, Art. 6, and No 773/2004, Art. 7(1)) (see paras 72-76)
5.Appeals – Grounds – Plea directed at a ground of the judgment not necessary to support the operative part – Ineffective plea in law (see para. 78)
6.Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (Statute of the Court of Justice, Art. 51) (see paras 92, 107)
7.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 102, 104)
8.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the findings of fact – Possible only where the clear sense of the evidence has been distorted (see para. 108)
Re:
| Appeal brought against the judgment of the General Court (Fifth Chamber) of 12 May 2010 in Case T‑432/05 | EMC Development | v | Commission | , by which that court dismissed an action seeking the annulment of the Commission’s decision of 28 November 2005 rejecting the applicant’s complaint based on Article 2(2) of Regulation No 17 and concerning alleged concerted practices on the part of European Portland cement producers consisting of the adoption of a European standard for cement (EN 197-1) aimed at excluding from the market products and technologies of competitors. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| EMC Development AB is ordered to pay the costs. |