Action brought on 8 April 2024 – Compagnie générale des établissements Michelin v Commission

(Case T-188/24)

(C/2024/4334)

Language of the case: French

Parties

Applicant: Compagnie générale des établissements Michelin (Clermont-Ferrand, France) (represented by: E. Sarrazin, J. Brousseau and J.-P. Gunther, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

principally:

—

annul the decision of the European Commission in Case AT.40863 – Hoops (now ‘Replacement tyres’) of 10 January 2024 ordering Compagnie Générale des Établissements Michelin and all its subsidiaries to submit to an inspection under Article 20(4) of Council Regulation (EC) No 1/2003 of 16 December 2002;

—	annul all measures taken by the European Commission in the course of the inspection; in particular, annul the inspection and return all the documents seized during the inspection to Michelin;

—

in the alternative:

—

order a measure of organisation of procedure within the meaning of Article 89 of the Rules of Procedure of the General Court of the European Union requesting that the European Commission produce the information and indicia that it claims to have in its possession as the basis for Decision AT.40863 – Hoops (now ‘Replacement tyres’) of 10 January 2024;

—	on the basis of the information and indicia produced by the European Commission, annul the decision of the European Commission in Case AT.40863 – Hoops of 10 January 2024 and all measures taken by the European Commission in the course of the inspection;

—	order the European Commission to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.	First plea in law, alleging infringement of Article 20(4) of Regulation No 1/2003 and of fundamental rights on the ground that the decision contains an inadequate statement of reasons.

2.	Second plea in law, alleging infringement of the right to the inviolability of the home on the ground that the decision is arbitrary and disproportionate.