This document is an excerpt from the EUR-Lex website
Document 62016CN0044
Case C-44/16 P: Appeal brought on 25 January 2016 by Dyson Ltd against the judgment of the General Court (Fourth Chamber) delivered on 11 November 2015 in Case T-544/13: Dyson Ltd v European Commission
Case C-44/16 P: Appeal brought on 25 January 2016 by Dyson Ltd against the judgment of the General Court (Fourth Chamber) delivered on 11 November 2015 in Case T-544/13: Dyson Ltd v European Commission
Case C-44/16 P: Appeal brought on 25 January 2016 by Dyson Ltd against the judgment of the General Court (Fourth Chamber) delivered on 11 November 2015 in Case T-544/13: Dyson Ltd v European Commission
OJ C 145, 25.4.2016, p. 18–19
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
25.4.2016 |
EN |
Official Journal of the European Union |
C 145/18 |
Appeal brought on 25 January 2016 by Dyson Ltd against the judgment of the General Court (Fourth Chamber) delivered on 11 November 2015 in Case T-544/13: Dyson Ltd v European Commission
(Case C-44/16 P)
(2016/C 145/23)
Language of the case: English
Parties
Appellant: Dyson Ltd (represented by: E. Batchelor, M. Healy, solicitors, F. Carlin, barrister, A. Patsa, advocate)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
— |
Annul the contested judgment in its entirety; |
— |
Annul the contested Regulation (1) in its entirety; and |
— |
Order the Commission to pay its own costs and Dyson’s costs in connection with these proceedings and the proceedings before the General Court. |
Pleas in law and main arguments
Dyson submits the General Court erred in law:
i. |
First, the General Court mischaracterised Dyson's plea as manifest error rather than lack of legal competence under Art.10(1) of Directive 2010/30/EU (2); |
ii. |
Second, the General Court misinterpreted the scope of the Commission's delegated power under Art. 10(1) of Directive 2010/30/EU; |
iii. |
Third, the General Court infringed Dyson's rights of defence as to facts on which Dyson had no opportunity to provide its views; |
iv. |
Fourth, the General Court distorted and/or disregarded relevant evidence; |
v. |
Fifth, the General Court infringed Art. 36 of the Statute of the Court of Justice by not stating reasons for: (i) characterising the applicable legal test as one of manifest error; (ii) concluding Dyson's data was ‘extremely speculative’; (iii) purporting to rely on an unspecified part of an unidentified ‘impact study’; and (iv) disregarding Dyson's reproducibility evidence; and |
vi. |
Sixth, the General Court misapplied the legal test for equal treatment. |
Dyson respectfully requests that the Court annul the contested judgment and grant the order sought before the General Court, annulling Commission Regulation (EU) No 665/2013 (‘Contested Regulation’) as it has sufficient information before it to rule on the substance of the issues raised at first instance.
(1) Commission Delegated Regulation (EU) No 665/2013 of 3 May 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of vacuum cleaners OJ L 192, p. 1
(2) Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products OJ L 153, p. 1