Judgment of the Court (Fourth Chamber) of 19 September 2013 — European Federation of Ink and Ink Cartridge Manufacturers (EFIM) v European Commission, Lexmark International Technology SA

(Case C-56/12 P) (1)

(Appeal - Competition - Abuse of dominant position - Ink cartridge market - Decision rejecting a complaint - Lack of Community interest - Low probability of proving the existence of an infringement of Article 82 EC - Degree of seriousness of the infringement alleged)

2013/C 344/33

Language of the case: German

Parties

Appellant: European Federation of Ink and Ink Cartridge Manufacturers (EFIM) (represented by: D. Ehle, Rechtanswalt)

Other parties to the proceedings: European Commission (represented by: A. Antoniadis and C. Hödlmayr, acting as Agents, and W. Berg, Rechtsanwalt), Lexmark International Technology SA

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 24 November 2011 in Case T-296/09 EFIM v Commission by which the General Court dismissed an application for annulment of Commission Decision C(2009) 4125 of 20 May 2009 rejecting complaint COMP/C-3/39.391 concerning alleged infringements of Articles 81 EC and 82 EC by Hewlett-Packard, Lexmark, Canon and Epson in the market for ink cartridges — Powers of the Commission — Obligations regarding the investigation of complaints — No Community interest — Proportionality — Failure to state reasons — Infringement of the rights of the defence — Commission Notice on the handling of complaints

Operative part of the judgment

The Court:

(1)  OJ C 118, 21.4.2012.