Judgment of the General Court of 12 May 2010 — EMC Development v Commission

(Case T-432/05) (1)

(Competition - Agreements, decisions and concerted practices - European cement market - Decision rejecting a complaint - Harmonised standard for cement - Binding nature - Guidelines on the applicability of Article 81 EC to horizontal cooperation agreements)

(2010/C 179/53)

Language of the case: English

Parties

Applicant: EMC Development AB (Luleå, Sweden) (represented by: M. Elvinger and W. -N. Schelp, lawyers)

Defendant: European Commission (represented by: initially É. Gippini Fournier and B. Doherty, and subsequently by É. Gippini Fournier and J. Bourke, acting as Agents)

Re:

Application for annulment of Commission Decision SG-Greffe (2005) D/205249 of 28 September 2005 rejecting the complaint brought by the applicant against European Portland cement producers, the European Cement Association (Cembureau) and the European Committee for Standardisation (CEN) in relation to the European cement market.

Operative part of the judgment

The Court:

1.	Dismisses the action;

2.	Orders EMC Development AB to bear its own costs and to pay the costs incurred by the European Commission.

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(1)  OJ C 36, 11.2.2006.