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Case T-320/07: Judgment of the General Court of 23 November 2011 — Jones and Others v 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)
ECLI:EU:UNKNOWN:62007TA0320
62007TA0320
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14.1.2012
Official Journal of the European Union
C 13/10
(Case T-320/07) (<span class="super">1</span>)
(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)
2012/C 13/18
Language of the case: English
Parties
Applicants: Daphne Jones (Neath, United Kingdom), Glen Jones (Neath), and Fforch-Y-Garon Coal Co. Ltd (Neath) (represented by: D. Jeffreys and S. Llewellyn Jones, Solicitors)
Defendant: European Commission (represented by: V. Di Bucci and J. Samnadda, acting as Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland, (represented: initially by E. Jenkinson, subsequently by C. Gibbs and V. Jackson, and, finally, by S. Hathaway, acting as Agents, and by J. Flynn QC); E.ON UK plc (Coventry, United Kingdom) (represented by P. Lomas, Solicitor); and International Power plc (London, United Kingdom) (represented by D. Anderson QC, M. Chamberlain, Barrister, S. Lister and D. Harrison, Solicitors)
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 of the judgment
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.
(<span class="super">1</span>) OJ C 247, 20.10.2007.