CELEX: 62021TN0740
Language: en
Date: 2021-11-19 00:00:00
Title: Case T-740/21: Action brought on 19 November 2021 — Alcogroup and Alcodis v Commission

17.1.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/48
            
         
      Action brought on 19 November 2021 — Alcogroup and Alcodis v Commission
      (Case T-740/21)
      (2022/C 24/63)
      Language of the case: French
      
         Parties
      
      
         Applicants: Alcogroup (Brussels, Belgium) and Alcodis (Brussels) (represented by: P. de Bandt, C. Binet and M. Nuytten, lawyers)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicants claim that the Court should:
      
                  —
               
               
                  order the Commission to produce the contested decisions, by way of measures of organisation of procedure;
               
            
                  —
               
               
                  annul the contested decisions;
               
            
                  —
               
               
                  order the Commission to pay all the costs of the present proceedings.
               
            
         Pleas in law and main arguments
      
      In support of the action against, first, the decision of the Commission requesting Abengoa SA and Abengoa Bioenergia SA to restart, under certain conditions, the settlement procedure in case AT.40054 — Ethanol Benchmarks and, second, the decision to reopen that procedure, the applicants rely on a single plea alleging infringement of the rules applicable to settlements.
      The applicants submit that in adopting the contested decisions, the Commission infringes the rules applicable to settlements. The applicable rules do not provide for the Commission reopening a settlement procedure at that stage of the proceedings, let alone by precluding any discussion concerning the case overview disclosed in an initial settlement procedure in 2016 and 2017. Furthermore, the applicants submit that the contested decisions lead to a clear infringement of their rights of defence.