Judgment;Information — ECLI:EU:T:2022:442
Date: 2022-07-13
Language of the case: Italian
Court formation: Third Chamber
Subject matter: Competition;Dominant position
Procedure: Action for annulment - unfounded
Origin: Italy

Judgment of the General Court (Third Chamber) of 13 July 2022 – Design Light & Led Made in Europe and Design Luce & Led Made in Italy v Commission (Case T‑886/19) (1) (Competition – Abuse of dominant position – Agreements, decisions and concerted practices – LED lighting sector – Patent Licensing Program – Decision rejecting a complaint – Article 7 of Regulation (EC) No 773/2004 – Manifest error of assessment – Duty to state reasons – No EU interest – Probability of being able to establish the existence of an infringement) 1. Action for annulment – Actionable measure – Acts challengeable by the author of a complaint denouncing an infringement of competition rules – Commission decision to reject the complaint – Included – Admissibility (Arts 101, 102, 105 and 263 TFEU; Council Regulation No 1/2003, Art. 7; Commission Regulation No 773/2004, Art. 7(2)) (see paras 31-34) 2. Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission – Commission’s duty to adopt a decision as to the existence of an infringement – None – Account to be taken of the EU interest in investigating a case – Criteria for assessment – Discretionary power of the Commission – Limits – Obligation to examine the matters of fact and of law brought to its notice by the complainant – Judicial review – Scope (Arts 101, 102 and 105(1) TFEU; Council Regulation No 1/2003; Commission Regulation No 773/2004, Art. 7) (see paras 38-51, 54-56, 71, 74, 92, 99) 3. Competition – EU rules – Application by national courts – Action for compensation of the damage caused by infringements of the rules on competition (Art. 19(1) TEU; Arts 101 and 102 TFEU) (see paras 52, 53) Operative part The Court: 1. Dismisses the action; 2. Orders Design Light & Led Made in Europe and Design Luce & Led Made in Italy to pay the costs; 3. Orders Signify Holding BV to bear its own costs. 1 OJ C 61, 24.2.2020.