Judgment of the General Court (Fourth Chamber) 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

1.                     Procedure – Representation of the parties – Authority to act ad litem – Required degree of precision (Rules of Procedure of the General Court, Art. 44(5)) (see paras 52-59)

2.                     Procedure – Reply – Formal requirements – Signature by a lawyer – Reply containing letters drafted by the complainants, without the assistance of a lawyer, and lodged by them directly with the General Court – Letters subsequently countersigned by a lawyer – Inadmissibility (Statute of the Court of Justice, Art. 19, third and fourth paras; Rules of Procedure of the General Court, Art. 43(1)) (see paras 63-68)

3.                     Competition – Administrative procedure – Examination of complaints – Taking into account the Community interest in investigating a case – Criteria for assessment – Discretion of the Commission – Limits – Judicial review (Arts 81 EC and 82 EC; Commission Notice 2004/C 101/05) (see paras 73-75)

4.                     ECSC – Provisions concerning discrimination on prices and other purchase conditions – Article 4(b) – Temporal scope – Independent application since expiry of the ECSC Treaty – Direct effect (Arts 4(b) CS and 63(1) CS; Arts 81 EC and 82 EC; Council Regulations No 17 and No 1/2003) (see paras 84-90)

5.                     Competition – Administrative procedure – Examination of complaints – Decision to take no further action motivated by the possibility of the claimant bringing the matter before the national courts – Legality – Conditions (Arts 81 EC and 82 EC) (see paras 92-94)

6.                     Competition – Administrative procedure – Examination of complaints – Assessment of the Community interest in examining a case – Account to be taken of cessation of the practices complained of – Conditions (Arts 81 EC and 82 EC; Commission Notice 2004/C 101/05) (see para. 98)

7.                     Competition – Administrative procedure – Examination of complaints – No obligation to carry out an investigation and rule by decision on the existence of an infringement (Council Regulation No 1/2003; Commission Regulation No 773/2004) (see paras 112-116)

8.                     Procedure – Costs – Successful party ordered to bear its own costs and those incurred by the applicants (Rules of Procedure of the General Court, Art. 87(3) and (4)) (see paras 154-158)

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

The Court:

1. Dismisses the action;

2. 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.

3. Orders the United Kingdom of Great Britain and Northern Ireland, E.ON UK plc and International Power plc each to bear their own costs.