Action brought on 7 October 2014 – CEAHR v Commission

(Case T-712/14)

Language of the case: English

Parties

Applicant: Confédération Européenne des Associations d’Horlogers-Réparateurs (CEAHR) (Brussels, Belgium) (represented by: P. Mathijsen and P. Dyrberg, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

declare the European Commission’s Decision C(2014) 5462 final, of 29 July 2014, void;

order the European Commission to pay the costs of the proceedings.

Pleas in law and main arguments

By its present action, the applicant seeks the annulment of Commission Decision C(2014) 5462 final of 29 July 2014 in case AT.39097 – Watch Repair, by which the Commission rejects the applicant’s complaint pursuant to Article 7(2) of Regulation No 773/2004¹ concerning the refusal by several manufacturers of prestige/luxury watches to supply spare parts to independent repairers.

In support of the action, the applicant submits that i) the Commission’s findings are based on manifest errors of appraisal, in law and fact, ii) that the contested decision fails to provide appropriate reasoning for the Commission’s findings and iii) that the contested decision is the result of a procedure during which the Commission failed to attentively examine the elements of law and fact raised in the complaint, in violation of applicant’s right to good administration.

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¹     Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles [101 TFEU] and [102 TFEU] (OJ 2004 L 123, p. 18).