—

set aside the judgment of the General Court of 12 February 2019 delivered in Case T-201/17, Printeos S.A. v European Commission

—

give a ruling on the substance of the case and dismiss in its entirety the action on the grounds that

—

First ground of appeal: The General Court infringed the European Commission’s rights of defence and respect for due process by infringing the principle of non ultra petita, when it unduly altered the subject matter and essence of the dispute after inviting the applicant to amend, at the hearing, the classification of the interest which it claimed in its application initiating proceedings.

—

Second ground of appeal: The General Court misinterpreted Article 266 TFEU by declaring that that article imposes an absolute and unconditional obligation to pay default interest in the event of annulment of a decision imposing a penalty or fine with retroactive effect from the date of provisional payment.

—

Third ground of appeal: The General Court erred in law by interpreting Article 266 TFEU in the light of the judgments in IPK (2) and Corus (3) and the order in Holcim (4) without taking into account the new regulatory framework applicable to penalties in competition matters.

—

Fourth ground of appeal: The General Court erred in law by finding that, in the present case, the conditions laid down by the case-law for non-contractual liability to be incurred had been met.

—

Fifth ground of appeal: The General Court infringed the principles of legality and legal certainty by not applying, in the present case, Article 90 of Delegated Regulation No 1268/2012 in spite of the finality of a previous decision which did apply that article.