CELEX: 62007TJ0320
Language: en
Date: 2011-11-23 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 23 November 2011. # Daphne Jones, Glen Jones and Fforch-Y-Garon Coal Co. Ltd v European Commission. # ECSC Treaty - Supply of coal intended for the United Kingdom electricity generation industry - Rejection of a complaint alleging discriminatory pricing - Commission’s competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 - Assessment of Community interest - Obligations in relation to the investigation of a complaint - Manifest error of assessment. # Case T-320/07.

Judgment of the General Court (Fourth Chamber) of 23 November 2011 – Jones and Others v Commission
      (Case T-320/07)
      ECSC Treaty – Supply of coal intended for the United Kingdom electricity generation industry – Rejection of a complaint alleging discriminatory pricing – Commission’s competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No
         1/2003 – Assessment of Community interest – Obligations in relation to the investigation of a complaint – Manifest error of assessment
      
      1.                     Procedure – Representation of the parties – Authority to act ad litem – Required degree of precision (Rules of Procedure of
            the General Court, Art. 44(5)) (see paras 52-59)
      2.                     Procedure – Reply – Formal requirements – Signature by a lawyer – Reply containing letters drafted by the complainants, without
            the assistance of a lawyer, and lodged by them directly with the General Court – Letters subsequently countersigned by a lawyer
            – Inadmissibility (Statute of the Court of Justice, Art. 19, third and fourth paras; Rules of Procedure of the General Court,
            Art. 43(1)) (see paras 63-68)
      3.                     Competition – Administrative procedure – Examination of complaints – Taking into account the Community interest in investigating
            a case – Criteria for assessment – Discretion of the Commission – Limits – Judicial review (Arts 81 EC and 82 EC; Commission
            Notice 2004/C 101/05) (see paras 73-75)
      4.                     ECSC – Provisions concerning discrimination on prices and other purchase conditions – Article 4(b) – Temporal scope – Independent
            application since expiry of the ECSC Treaty – Direct effect (Arts 4(b) CS and 63(1) CS; Arts 81 EC and 82 EC; Council Regulations
            No 17 and No 1/2003) (see paras 84-90)
      5.                     Competition – Administrative procedure – Examination of complaints – Decision to take no further action motivated by the possibility
            of the claimant bringing the matter before the national courts – Legality – Conditions (Arts 81 EC and 82 EC) (see paras 92-94)
      6.                     Competition – Administrative procedure – Examination of complaints – Assessment of the Community interest in examining a case
            – Account to be taken of cessation of the practices complained of – Conditions (Arts 81 EC and 82 EC; Commission Notice 2004/C
            101/05) (see para. 98)
      7.                     Competition – Administrative procedure – Examination of complaints – No obligation to carry out an investigation and rule
            by decision on the existence of an infringement (Council Regulation No 1/2003; Commission Regulation No 773/2004) (see paras
            112-116)
      8.                     Procedure – Costs – Successful party ordered to bear its own costs and those incurred by the applicants (Rules of Procedure
            of the General Court, Art. 87(3) and (4)) (see paras 154-158)
      Re:
      
         
               APPLICATION for annulment of Commission Decision SG-Greffe (2007) D/203626 of 18 June 2007, pursuant to Article 7 of Commission
                  Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles
                  81 [EC] and 82 [EC] (OJ 2004 L 123, p. 18), rejecting the applicants’ complaint concerning infringements of the ECSC Treaty
                  (Case COMP/37.037-SWSMA).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the European Commission to pay, in addition to its own costs, the costs of Mr Glen Jones and of Mrs Daphne Jones, as
                     well as those of Fforch-Y-Garon Coal Co. Ltd.
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the United Kingdom of Great Britain and Northern Ireland, E.ON UK plc and International Power plc each to bear their
                     own costs.