Judgment — ECLI:EU:T:2012:450
Date: 2012-09-20
Language of the case: Greek
Court formation: Sixth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices;Dominant position
Procedure: Action for annulment - successful
Origin: Greece

summary form some of the applicant's arguments during the administrative procedure without, however, answering them. Similarly, the ground in the decision relating to the geographical extent of the lignite market does not enable the addressee of the decision to understand the defendant's final conclusions on that point. Lastly, in the applicant's submission, the decision does not state reasons as to why 40% is considered to be the necessary proportion of known exploitable lignite reserves that must be made available to competitors of DEI. Finally, under the fourth plea for annulment, the applicant maintains that the contested decision infringes the principles of freedom of contract and of proportionality. In so far as the decision prohibits persons who will in the future acquire by tender procedures exploitation rights in respect of the deposits in the areas of Drama, Elassona, Vegora and Vevi from selling quantities of extracted lignite to DEI, it automatically restricts excessively the contractual freedom both of the applicant and of the third parties. Furthermore, in view of significant developments that demonstrate the gradual opening of the Greek electricity market, the exclusion of DEI from tender procedures for the grant of all new lignite rights and the unjustified restriction of its business activity constitute unnecessary measures and are disproportionate to the alleged infringement. ____________