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Case T-740/21: Action brought on 19 November 2021 — Alcogroup and Alcodis v Commission
ECLI:EU:UNKNOWN:62021TN0740
62021TN0740
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Valentina R., lawyer
17.1.2022
EN
Official Journal of the European Union
C 24/48
(Case T-740/21)
(2022/C 24/63)
Language of the case: French
Parties
Applicants: Alcogroup (Brussels, Belgium) and Alcodis (Brussels) (represented by: P. de Bandt, C. Binet and M. Nuytten, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—order the Commission to produce the contested decisions, by way of measures of organisation of procedure;
—annul the contested decisions;
—order the Commission to pay all the costs of the present proceedings.
Pleas in law and main arguments
In support of the action against, first, the decision of the Commission requesting Abengoa SA and Abengoa Bioenergia SA to restart, under certain conditions, the settlement procedure in case AT.40054 — Ethanol Benchmarks and, second, the decision to reopen that procedure, the applicants rely on a single plea alleging infringement of the rules applicable to settlements.
The applicants submit that in adopting the contested decisions, the Commission infringes the rules applicable to settlements. The applicable rules do not provide for the Commission reopening a settlement procedure at that stage of the proceedings, let alone by precluding any discussion concerning the case overview disclosed in an initial settlement procedure in 2016 and 2017. Furthermore, the applicants submit that the contested decisions lead to a clear infringement of their rights of defence.