Official Journal of the European Union

EN

C series

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C/2024/6667

11.11.2024

(Case T-507/24)

(C/2024/6667)

Language of the case: English

Parties

Applicant: Kingspan Group plc (Kingscourt, Ireland) (represented by: B. Meyring, I. Lunneryd and M.-V. Puskás, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the Decision of the European Commission’s Hearing Officer for competition proceedings of 19 July 2024 in case M.10962 – Kingspan Group (Art. 14(1) proceedings) or, in the alternative;

—annul the Decisions of the European Commission’s Hearing Officer for competition proceedings of 19 July 2024 and of 7 August 2024 (‘Contested Decisions’) in case M.10962 – Kingspan Group (Art. 14(1) proceedings);

—order the Commission to bear the Applicant’s costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging that the Contested Decisions of 19 July 2024 and 7 August 2024 breach the applicant’s right to good administration, in finding that the Commission is not under the obligation to keep a proper record of all its meetings and calls with Kingspan and / or with Kingspan’s external counsel if it wants to rely on these minutes in its investigation in case M.1092 – Kingspan Group (Art. 14(1) proceedings).

2.Second plea in law, alleging that the Contested Decisions of 19 July 2024 and 7 August 2024 violate Kingspan’s right to access the Commission’s file, in finding that the Commission is not under the obligation to make available the minutes that were produced by its officials during the investigation in case M.9938 – Kingspan Group/Trimo.

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ELI: http://data.europa.eu/eli/C/2024/6667/oj

ISSN 1977-091X (electronic edition)

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