EN

Official Journal of the European Union

C 247/37

(Case T-320/07)

(2007/C 247/61)

Language of the case: English

Parties

Applicants: Glenn Jones and Daphne Jones (Neath, Wales), FForch-y-Garron Coal Company Ltd (Neath, Wales), Desmond Ivor Evans and David Raymond Evans (Maesteg, Wales) (represented by: D.I.W. Jeffreys, Solicitor)

Defendant: Commission of the European Communities

Form of order sought

—Annulment of Commission Decision of 18 June 2007 in Case COMP/37.037 concerning the applicants' complaint of unlawful price discrimination by the Central Electricity Generating Board;

—order the Commission to pay the applicants' costs of these proceedings.

Pleas in law and main arguments

This is an application lodged pursuant to Article 230 EC seeking annulment of Commission Decision of 18 June 2007 (Case COMP/37.037 — SWSMA) rejecting a complaint according to which pricing practices adopted by the Central Electricity Generating Board in the period 1984 to 1990 in relation to coal producers constituted unlawful price discrimination towards private coal producers including the applicants, which was contrary to Article 4(b) of the European Coal and Steel Community Treaty then in force.

The applicants contend that, in reaching this decision, the Commission has committed a number of fundamental errors of law and/or of appreciation and thus, the decision should be annulled.

The applicants claim that the Commission was wrong as a matter of law to assess the question of price-discrimination on a country-wide basis rather than with reference to the local market in which the complainants operated. Moreover, the applicants submit that the Commission was wrong in stating that the licensed private mines could only supply limited amounts of coal and on a short term basis, taking into account the size of the mining facilities and British Coal Corporation's licensing policy. Finally, the applicants claim that the Commission was wrong to conclude that since the ECSC Treaty has expired and that it no longer enjoys exclusive competence with regards to infringements of the latter, a Commission decision was no longer required before judicial protection was sought before national courts.