Notices for publication in the OJ nº T-296/09 of Court of First Instance of the European Communities, October 24, 2009

Resolution Date:October 24, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-296/09
SUMMARY

Annulment of Commission Decision C(2009) 4125 of 20 May 2009, which rejects for lack of any Community interest the complaint brought by the applicant against Hewlett Packard, Lexmark, Epson and Canon alleging infringement of Articles 81 and 82 EC in the market for ink cartridges and toners (Case COMP/C-3/39.391 EFIM).

 
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Action brought on 30 July 2009 - EFIM v Commission

(Case T-296/09)

Language of the case: German

Parties

Applicant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (Cologne, Germany) (represented by: D. Ehle, lawyer)

Defendant: Commission of the European Communities

Form of order sought

- Annul the decision of the Commission of 20 May 2009 in case - COMP/C 3/39.391 EFIM;

- Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant contests the decision of the Commission of 20 May 2009 in case - COMP/C 3/39.391 EFIM. In that decision, the Commission dismissed the applicant's complaint, in which it claimed various infringements of Articles 81 and 82 EC by several manufactures of ink-jet printers on their markets for ink-cartridges.

In the reasoning for its action, the applicant claims, first, that the Commission did not take into account a large number of important elements of fact and, in so doing, infringed the principle of sound...

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