Judgment of the General Court (Fourth Chamber) of 23 November 2011.#Daphne Jones, Glen Jones and Fforch-Y-Garon Coal Co. Ltd v European Commission.#ECSC Treaty - Supply of coal intended for the United Kingdom electricity generation industry - Rejection of a complaint alleging discriminatory pricing - Commission’s competence to apply Article 4(b) CS following expiry of the ECSC Treaty, on the basis of Regulation (EC) No 1/2003 - Assessment of Community interest - Obligations in relation to the investigation of a complaint - Manifest error of assessment.#Case T-320/07.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision SG-Greffe (2007) D/203626 of 18 June 2007, pursuant to Article 7 of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 [EC] and 82 [EC] (OJ 2004 L 123, p. 18), rejecting the applicants’ complaint concerning infringements of the ECSC Treaty (Case COMP/37.037-SWSMA).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders the European Commission to pay, in addition to its own costs, the costs of Mr Glen Jones and of Mrs Daphne Jones, as well as those of Fforch-Y-Garon Coal Co. Ltd.

3. Orders the United Kingdom of Great Britain and Northern Ireland, E.ON UK plc and International Power plc each to bear their own costs.