Action brought on 19 February 2024 – Lantmännen and Lantmännen Biorefineries v Commission

(Case T-93/24)

Language of the case: English

Parties

Applicants: Lantmännen ek för (Stockholm, Sweden), Lantmännen Biorefineries AB (Norrköping, Sweden) (represented by: R. Bachour, A. Van Cauwelaert, S. Perván Lindeborg and M. Nicolin, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul, in whole or in part, the decision in case AT.40054 – Ethanol Benchmarks - C(2023) 8320 final, adopted by the Commission on 7 December 2023 and addressed to Lantmännen ek för and Lantmännen Biorefineries AB.

order that the Commission pays the costs of the proceedings, including those of any potential interveners.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

First plea in law, alleging that the Commission has failed to respect the principle of the presumption of innocence in relation to the applicants by the adoption of the Commission Decision of 10 December 2021, C(2021) 8913 (the “Settlement Decision”) and by the references to the applicants in that decision.

Second plea in law, alleging that the Commission has violated the applicants’ right to good administration, including the rights to impartiality and of defence, by not ensuring that any reasonable doubts could be excluded as to the Commission’s impartiality in examining the applicants’ case, following the adoption of the Settlement Decision.

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