Judgment of the General Court of 23 November 2011 - Jones and Others v Commission
(Case T-320/07)
(ECSC Treaty - Supply of coal intended for the United Kingdom electricity generation industry - Rejection of a complaint alleging discriminatory pricing - Commission's competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 - Assessment of Community interest - Obligations in relation to the investigation of a complaint - Manifest error of assessment)
Language of the case: English
Parties
Applicants: Daphne Jones (Neath, United Kingdom), Glen Jones (Neath), and Fforch-Y-Garon Coal Co. Ltd (Neath) (represented by: D. Jeffreys and S. Llewellyn Jones, Solicitors)
Defendant: European Commission (represented by: V. Di Bucci and J. Samnadda, acting as Agents)
Interveners in support of the defendant: United Kingdom of Great Britain and Northern Ireland, (represented: initially by E. Jenkinson, subsequently by C. Gibbs and V. Jackson, and, finally, by S. Hathaway, acting as Agents, and by J. Flynn QC); E.ON UK plc (Coventry, United Kingdom) (represented by P. Lomas, Solicitor); and International Power plc (London, United Kingdom) (represented by D. Anderson QC, M. Chamberlain, Barrister, S. Lister and D. Harrison, Solicitors)
Re:
Application for annulment of Commission Decision SG-Greffe (2007) D/203626 of 18 June 2007, pursuant to Article 7 of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 [EC] and 82 [EC] (OJ 2004 L 123, p. 18), rejecting the applicants' complaint concerning infringements of the ECSC Treaty (Case COMP/37.037-SWSMA).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the European Commission to pay, in addition to its own costs, the costs of Mr Glen Jones and of Mrs Daphne Jones, as well as those of Fforch-Y-Garon Coal Co. Ltd.
Orders the United Kingdom of Great Britain and Northern Ireland, E.ON UK plc and International Power plc each to bear their own costs.
____________1 - OJ C 247, 20.10.2007.