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Case C-56/12 P: Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA (Appeal — Competition — Abuse of dominant position — Ink cartridge market — Decision rejecting a complaint — Lack of Community interest — Low probability of proving the existence of an infringement of Article 82 EC — Degree of seriousness of the infringement alleged)
ECLI:EU:UNKNOWN:62012CA0056
62012CA0056
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Valentina R., lawyer
23.11.2013
Official Journal of the European Union
C 344/20
(Case C-56/12 P) (<span class="super">1</span>)
(Appeal - Competition - Abuse of dominant position - Ink cartridge market - Decision rejecting a complaint - Lack of Community interest - Low probability of proving the existence of an infringement of Article 82 EC - Degree of seriousness of the infringement alleged)
2013/C 344/33
Language of the case: German
Parties
Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (represented by: D. Ehle, Rechtanswalt)
Other parties to the proceedings: European Commission (represented by: A. Antoniadis and C. Hödlmayr, acting as Agents, and W. Berg, Rechtsanwalt), Lexmark International Technology SA
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T-296/09 EFIM v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges — Powers of the Commission — Obligations regarding the investigation of complaints — No Community interest — Proportionality — Failure to state reasons — Infringement of the rights of the defence — Commission Notice on the handling of complaints
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders European Federation of Ink and Ink Cartridge Manufacturers (EFIM) to pay the costs.
(<span class="super">1</span>) OJ C 118, 21.4.2012.