In Case T‑195/19

28By application lodged at the Registry of the General Court on 3April 2019, the applicant brought the present action.

29On 19June 2019, the Commission filed its defence.

30By decision of 11July 2019, adopted on the basis of Article69(d) of the Rules of Procedure of the General Court, the President of the Fifth Chamber of the General Court, having received the observations of the parties, decided to stay the proceedings pending the judgment in Case C‑823P, Commission v GEA Group.

31By decision of 17October 2019, the President of the General Court, in accordance with Article27(3) of the Rules of Procedure, reassigned the case to a new Judge-Rapporteur, attached to the Ninth Chamber.

32The stay of proceedings ended with the delivery, on 25November 2020, of the judgment in Commission v GEA Group (C‑823/18P, EU:C:2020:955).

33On 2December 2020, the parties were requested to submit any observations they might have on the consequences, for the present action, of the judgment of 25November 2020, Commission v GEA Group (C‑823/18P, EU:C:2020:955). The parties complied with that measure of organisation of procedure within the prescribed period. In its observations, the applicant requested the General Court to stay the proceedings pending the judgment in Case T‑640/16RENV, GEA Group v Commission.

34On 13January 2021, the President of the Ninth Chamber of the General Court, having received the Commission’s observations, decided not to stay the proceedings.

35By decision of the President of the Ninth Chamber of 12August 2021, following the death of Judge Berke on 1August 2021, a new judge was appointed to complete the panel of judges.

36The General Court (Ninth Chamber) decided, in accordance with Article106(3) of the Rules of Procedure, to rule on the action without an oral part of the procedure.

37The applicant claims that the Court should:

–annul the contested decision;

–order the Commission to pay the costs.

38The Commission contends that the Court should:

–dismiss the action as inadmissible or, in the alternative, as unfounded;

–order the applicant to pay the costs.