22.2.2014

Official Journal of the European Union

C 52/27

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(Case C-613/13 P)

2014/C 52/49

Language of the case: English

Parties

Appellant: European Commission (represented by: F. Castillo de la Torre, F. Ronkes Agerbeek, agents)

Other parties to the proceedings: Keramag Keramische Werke AG and Others, Sanitec Europe Oy

Form of order sought

The appellant claims that the Court should:

—set aside point 1 of the operative part of the judgment under appeal insofar as it annuls article 1 of the contested Decision as regards the events in AFICS and the liability of Allia SAS, Produits Céramique de Touraine SA and Sanitec for them;

—set aside in full point 2 of the operative part of the judgment under appeal;

—if the Court of Justice gives final judgment, to dismiss the action for annulment also insofar as it concerns the events in AFICS and to reinstate the fines imposed on Allia SAS, Produits Céramique de Touraine SA and Sanitec; and, in any event,

—to order the applicants at first instance (now other parts in the proceedings) bear the costs of this appeal, and, to the extent that the Court of Justice gives final judgment on the action for annulment, of such case as well.

Pleas in law and main arguments

First ground: failure to comply with duty to state reasons and the rules of evidence; the General Court failed to examine several relevant pieces of evidence and applied too high evidentiary requirements for those pieces of evidence that the General Court did examine.

Second ground: contradictory reasoning; the assessment of the evidence is in direct contradiction with that in three other judgments delivered the same day relating to the same decision and the same facts.

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