Official Journal of the European Union

C 205/35

(Case T-94/20) (<span class="oj-super oj-note-tag">1</span>)

(Non-contractual liability - Competition - Agreements, decisions and concerted practices - Market for car battery recycling - Decision finding an infringement of Article 101 TFEU - Judgment partially annulling the decision and reducing the amount of the fine imposed - Refusal of the Commission to pay default interest - Article 266 TFEU - Article 90(4) of Delegated Regulation (EU) No 1268/2012 - Sufficiently serious breach of a rule of law conferring rights on individuals - Rate of default interest)

(2023/C 205/39)

Language of the case: English

Parties

Applicants: Campine (Beerse, Belgium), Campine Recycling (Beerse) (represented by: C. Verdonck and B. Gielen, lawyers)

Defendant: European Commission (represented by: P. Rossi, G. Wilms and L. Wildpanner, acting as Agents)

Re:

By their action, the applicants request, principally, on the basis of Article 268 TFEU and the second paragraph of Article 340 TFEU, read in conjunction with the second paragraph of Article 266 TFEU, first, compensation for the damage which they claim to have suffered as a result of the failure of the European Commission to pay the default interest that was due following the judgment of 7 November 2019, Campine and Campine Recycling v Commission (T-240/17, not published, EU:T:2019:778), and, second, payment of default interest on that compensation and, in the alternative, on the basis of the fourth paragraph of Article 263 TFEU, annulment of the decision contained in the Commission’s letter of 13 January 2020, or, in the further alternative, in its email of 10 December 2019 refusing to pay the said default interest and an order that the Commission pay compensation under Article 340 TFEU or adopt appropriate measures in order to comply fully with the said judgment, in accordance with the requirements provided for in the first paragraph of Article 266 TFEU.

Operative part of the judgment

The Court:

1.Orders the European Commission to pay Campine and Campine Recycling compensation in the amount of EUR 300 637,32 for the damage suffered;

2.Increases the compensation referred to in point 1 by default interest, starting from 11 December 2019 and continuing until full payment, at the rate set by the European Central Bank (ECB) for its principal refinancing operations, increased by 3,5 percentage points;

3.Orders the Commission to bear its own costs and to pay the costs incurred by Campine and Campine Recycling.

(<span class="oj-super">1</span>) OJ C 137, 27.4.2020.