CELEX: 62012CA0056
Language: en
Date: 2013-09-19 00:00:00
Title: Case C-56/12 P: Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA (Appeal — Competition — Abuse of dominant position — Ink cartridge market — Decision rejecting a complaint — Lack of Community interest — Low probability of proving the existence of an infringement of Article 82 EC — Degree of seriousness of the infringement alleged)

23.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 344/20
            
         Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA
   (Case C-56/12 P) (1)
   
   (Appeal - Competition - Abuse of dominant position - Ink cartridge market - Decision rejecting a complaint - Lack of Community interest - Low probability of proving the existence of an infringement of Article 82 EC - Degree of seriousness of the infringement alleged)
   2013/C 344/33
   Language of the case: German
   
      Parties
   
   
      Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (represented by: D. Ehle, Rechtanswalt)
   
      Other parties to the proceedings: European Commission (represented by: A. Antoniadis and C. Hödlmayr, acting as Agents, and W. Berg, Rechtsanwalt), Lexmark International Technology SA
   
      Re:
   
   Appeal brought against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T-296/09 EFIM v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges — Powers of the Commission — Obligations regarding the investigation of complaints — No Community interest — Proportionality — Failure to state reasons — Infringement of the rights of the defence — Commission Notice on the handling of complaints
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to pay the costs.
            
         
      (1)  OJ C 118, 21.4.2012.