27.5.2019

Official Journal of the European Union

C 182/18

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(Case C-148/19 P)

(2019/C 182/22)

Language of the case: French

Parties

Appellants: BTB Holding Investments SA, Duferco Participations Holding SA (represented by: J.-F. Bellis, R. Luff, M. Favart, Q. Declève, avocats)

Other parties to the proceedings: European Commission, Foreign Strategic Investments Holding (FSIH)

Form of order sought

The appellants submit that the Court should:

—Set aside the judgment of the General Court of 11 December 2018, BTB Holding Investments and Duferco Participations Holding v Commission (T-100/17);

—Refer the case back to the General Court;

—Order the defendant to pay the costs of these proceedings and the costs of the proceedings before the General Court.

Grounds of appeal and main arguments

By their appeal against judgment T-100/17, the appellants submit that, in the judgment under appeal, the General Court infringed their right to a fair hearing when it stated that, ‘in order to establish that the Commission made a manifest error in the [complex economic] assessment of the facts justifying the annulment of the contested decision, the evidence adduced by the applicant must be sufficient to make the assessment of the facts in the decision at issue implausible’. The appellants submit that, in particular, the General Court infringed the principles relating to the burden of proof and the principle of equality of arms.

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