3.12.2018   

EN

Official Journal of the European Union

C 436/27


Appeal brought on 21 September 2018 by ABB Ltd, ABB AB against the judgment of the General Court (Eighth Chamber) delivered on 12 July 2018 in Case T-445/14: ABB Ltd, ABB AB v European Commission

(Case C-593/18 P)

(2018/C 436/38)

Language of the case: English

Parties

Appellants: ABB Ltd, ABB AB (represented by: I. Vandenborre, advocaat, S. Dionnet, avocat)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:

annul the Judgment or take such other action as justice may require, and

order the Commission to pay the costs

Pleas in law and main arguments

First plea-in-law. The General Court erred in law in concluding that the Commission met its burden of proof in establishing an infringement on the part of the appellant that included all underground power cables and accessories with voltages between 110 kV and 220 kV. The General Court failed to verify whether the Decision (1) identified the infringement with ‘sufficient precision’ and according to the requisite legal standard. The General Court also failed to properly apply the conditions to find sufficient awareness to conclude participation in the infringement on the part of the appellant.

Second plea-in-law. The General Court failed to apply the principle of equal treatment and the presumption of innocence when it confirmed the Commission's finding that the infringement period for the appellant started on 1 April 2000.

Third plea-in-law. The General Court breached its duty to state sufficient reasons in relation to its assessment of the appellant's plea of unequal treatment, erroneously concluding that the appellant had accepted such distinction during the administrative proceeding, and rendering such acceptance as a material consideration in its assessment.


(1)  Commission Decision of 2 April 2014 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39610 — Power Cables) (notified under document C(2014) 2139 final) (OJ 2014, C 319, p. 10).