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Case T-771/21: Order of the General Court of 22 May 2023 — Bategu Gummitechnologie v Commission (Non-contractual liability — Competition — Decision rejecting a complaint — Material loss — Reality and certainty of the damage — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62021TB0771
62021TB0771
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17.7.2023
Official Journal of the European Union
C 252/49
(Case T-771/21) (<span class="oj-super oj-note-tag">1</span>)
(Non-contractual liability - Competition - Decision rejecting a complaint - Material loss - Reality and certainty of the damage - Action manifestly lacking any foundation in law)
(2023/C 252/58)
Language of the case: German
Parties
Applicant: Bategu Gummitechnologie GmbH (Vienna, Austria) (represented by: G. Maderbacher, lawyer)
Defendant: European Commission (represented by: J. Szczodrowski and A. Keidel, acting as Agents)
Re:
By its action based on Article 268 TFEU, the applicant seeks compensation for the material loss which it allegedly suffered as a result of the European Commission’s unlawful conduct in proceedings ‘AT.40492 — Fire Protection Bogies’ concerning a complaint lodged pursuant to Article 7 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles [101 and 102 TFEU] (OJ 2003 L 1, p. 1).
Operative part of the order
1.The action is dismissed.
2.Bategu Gummitechnologie GmbH shall pay, in addition to its own costs, those incurred by the European Commission.
(<span class="oj-super">1</span>) OJ C 73, 14.2.2022.
Language of the case: German