Here’s another twist in the saga of the removal services case. And rather a cheeky one too ! Two undertakings that the Commission found in its decision to have participated in an illicit cartel in breach of Article 101 TFEU sued the Commission in damages …. for adopting that decision ! In its judgment of 15 January 2015 in Joined Cases T-539/12 and T-150/13 Ziegler SA and Ziegler Relocation SA, EU:T:2015:15 the General Court dismissed the claim.
The General Court handed down an order recently in Case T-479/14 Kendrion NV v EU represented by the Court of Justice, EU:T:2015:2. It finds that the Court of Justice is the right defendant in an action for damages in a claim for compensation for the loss and damage caused by unreasonable delay in judicial proceedings in the General Court.
A rich and spicy situation ! The General Court dismissing an inadmissibility plea by the Court of Justice.
Here’s some explanation and background how such a situation can arise.
The Court of Justice does not often interfere, on appeal, with the way fines for competition cases are calculated and scrutinised by the General Court. It will do so, however, if an error of law is made, for example.
The Court of Justice does not often reduce a fine imposed by the Commission on an undertaking for a breach of the competition rules when the amount of the fine has been upheld by the General Court. The judgment of 27 March 2014 in Case C-612/12 P Balast Nedam NV v Commission EU:C:2014:193 is, however, such a case. The Court of Justice reduced the fine on appeal not because the General Court had exercised its unlimited jurisdiction on fines improperly but because the General Court had failed to take sufficient account of a substantive problem with the Commission’s decision relating to the company’s rights of the defence.