Judgment;Abstract — ECLI:EU:T:2022:67
Date: 2022-02-09
Language of the case: Polish
Subject matter: Competition;Dominant position
Procedure: Action for annulment - successful
Origin: Poland

summary statement of reasons in the contested decision on that point does not allow either the applicant to know the reasons why the Commission dismissed the specific evidence put forward by the applicant concerning the second stage of the analysis referred to in paragraph 80 above, or the Court to exercise effective control over the legality of that decision and to assess whether there were substantial grounds for believing that the applicant ran a real risk of its rights being infringed (see, to that effect, judgment of 14 September 2017, Contact Software v Commission, T‑751/15, not published, EU:T:2017:602, paragraphs 39 and 40 and the case-law cited). 106 Accordingly, the second plea in law and the second part of the first plea in law of the action must be upheld and, consequently, the contested decision must be annulled, without there being any need to examine the other arguments put forward by the applicant in support of the second part of the first plea in law. Costs 107 Under Article 134(1) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. Since the Commission has been unsuccessful, it must be ordered to bear its own costs and to pay those of the applicant, in accordance with the form of order sought by the applicant. 108 The Republic of Poland must bear its own costs, pursuant to Article 138(1) of the Rules of Procedure. On those grounds, THE GENERAL COURT (Tenth Chamber, Extended Composition) hereby: 1. Annuls Commission Decision C(2019) 6099 final of 12 August 2019 (Case AT.40459 – Rail freight forwarding in Poland – PKP Cargo); 2. Orders the Commission to bear its own costs and to pay those incurred by Sped-Pro S.A.; 3. Orders the Republic of Poland to bear its own costs. van der Woude Kornezov Buttigieg Hesse Petrlík Delivered in open court in Luxembourg on 9 February 2022. [Signatures] * Language of the case: Polish.