Judgment of the Court (Third Chamber) of 10 March 2016 —
Schwenk Zement v Commission
(Case C‑248/14 P) (1)
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
1. Appeal — Grounds — Inadequate or contradictory grounds — Admissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 16)
2. Appeal — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the General Court, Art. 168(1)(d) and 169(2)) (see para. 17)
3. Acts of the institutions — Statement of reasons — Obligation — Scope — Assessment of the duty to state reasons by reference to the circumstances of the case — No need to specify all the relevant factual and legal elements (Art. 296 TFEU) (see para. 20)
4. Competition — Administrative procedure — Request for information — Obligation to state reasons — Scope (Art. 296, second para., TFEU; Council Regulation No 1/2003, Art. 18(3)) (see paras 21, 23-25, 28, 41-43)
Operative part
The Court:
1. | | Sets aside the judgment of the General Court of the European Union of 14 March 2014 in Schwenk Zement v Commission (T‑306/11, EU:T:2014:123); |
2. | | Annuls Commission Decision C(2011) 2367 final of 30 March 2011 relating to a proceeding under Article 18(3) of Council Regulation (EC) No 1/2003 (Case COMP/39520 — Cement and related products); |
3. | | Orders the European Commission to bear its own costs and to pay those incurred by Schwenk Zement KG with respect to both the proceedings at first instance in Case T‑306/11 and the appeal. |