Notices for publication in the OJ nº T-808/19 of Tribunal General de la Unión Europea, January 10, 2020

Resolution DateJanuary 10, 2020
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-808/19

Action brought on 25 November 2019 - Silgan International und Silgan Closures v Commission

(Case T-808/19)

Language of the case: German

Parties

Applicants: Silgan International Holdings BV (Amsterdam, Netherlands) and Silgan Closures GmbH (Munich, Germany) (represented by: D. Seeliger, H. Wollmann, R. Grafunder, B. Meyring and E. Venot, lawyers)

Defendant: European Commission

Form of order sought

annul Commission Decision C(2019) 8501 final of 20 November 2019 (AT.40522 - Metal Packaging [ex Pandora]) on the obligation to provide information, and

order the Commission to pay the applicants’ costs.

Pleas in law and main arguments

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

First plea in law: Infringement of the rights of defence

First plea in law, alleging that the contested decision infringed fundamental rights of defence since the questions asked are based predominantly on documents and information that the applicants had previously forwarded to the Bundeskartellamt (the German competition authority) as leniency applicants in proceedings pending before it. The Commission obtained those documents and information in the context of an impermissible exchange of information with the Bundeskartellamt or an unlawful inspection conducted on the basis thereof.

Second plea in law: Lack of competence of the Commission due to an infringement of the principle of subsidiarity

Second plea in law, alleging that the Commission is not competent to carry out the investigation into the applicants or to adopt the contested decision. Given that the Bundeskartellamt carried out in-depth investigations and the national proceedings permit a final judgment, it is not apparent why it would have been inappropriate for the Bundeskartellamt to bring an end to the investigation in the present case or why the Commission is in a better position to carry out the contested investigative...

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