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Case T-791/19: Judgment of the General Court of 9 February 2022 — Sped-Pro v Commission (Competition — Abuse of dominant position — Rail freight transport services market — Decision rejecting a complaint — Article 7 of Regulation (EC) No 773/2004 — Reasonable time — EU interest in pursuing examination of a complaint — Determination of the authority best placed to examine a complaint — Criteria — Manifest error of assessment — Systemic or generalised deficiencies concerning respect for the rule of law — Risk of infringement of a complainant’s rights if a complaint is rejected — Obligation to state reasons)
ECLI:EU:UNKNOWN:62019TA0791
62019TA0791
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Official Journal of the European Union
C 148/23
(Case T-791/19) (<span class="oj-super oj-note-tag">1</span>)
(Competition - Abuse of dominant position - Rail freight transport services market - Decision rejecting a complaint - Article 7 of Regulation (EC) No 773/2004 - Reasonable time - EU interest in pursuing examination of a complaint - Determination of the authority best placed to examine a complaint - Criteria - Manifest error of assessment - Systemic or generalised deficiencies concerning respect for the rule of law - Risk of infringement of a complainant’s rights if a complaint is rejected - Obligation to state reasons)
(2022/C 148/30)
Language of the case: Polish
Parties
Applicant: Sped-Pro S.A. (Warsaw, Poland) (represented by: M. Kozak, lawyer)
Defendant: European Commission (represented by: J. Szczodrowski, L. Wildpanner and P. van Nuffel, acting as Agents)
Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna, acting as Agent)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2019) 6099 final of 12 August 2019 (Case AT.40459 — Rail freight forwarding in Poland — PKP Cargo), rejecting the complaint lodged by the applicant concerning alleged infringements of Article 102 TFEU on the rail freight transport services market in Poland.
Operative part of the judgment
The Court:
1.Annuls Commission Decision C(2019) 6099 final of 12 August 2019 (Case AT.40459 — Rail freight forwarding in Poland — PKP Cargo);
2.Orders the Commission to bear its own costs and to pay those incurred by Sped-Pro S.A;
3.Orders the Republic of Poland to bear its own costs.
(<span class="oj-super">1</span>) OJ C 27, 27.1.2020.