Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... ision finding an infringement of Article 101 TFEU – Judgment partially annulling the decision and reducing the amount of the fine imposed – Refusal of the Commission to pay default interest – Article 266 TFEU – Article 90(4) of Delegated Regulation (EU) No 1268/2012 – Sufficiently serious breach of a rule of law conferring rights on individuals – Rate of default interest)

In Case T‑94/20,

Campine, established in Beerse (Belgium),

Campine Recycling, established in Beerse,

represented by C. Verdonck and B. Gielen, lawyers,

applicants,

v

European Commission, represented by P. Rossi, G. Wilms and L. Wildpanner, acting as Agents,

defendant,

THE GENERAL COURT (Fourth Chamber),

composed, at the time of the deliberations, of S. Gervasoni, President, P. Nihoul (Rapporteur) and J. Martín y Pérez de Nanclares, Judges,

Registrar: I. Kurme, Administrator,

having regard to the written part of the procedure,

further to the hearing on 18 November 2022,

gives the following

Judgment

1. By their action, the applicants, Campine and Campine Recycling, request, principally, on the basis of Article 268 TFEU and the second paragraph of Article 340 TFEU, read in conjunction with the second paragraph of Article 266 TFEU, first, compensation for the damage which they claim to have suffered as a result of the failure of the European Commission to pay the default interest that was due following the judgment of 7 November 2019, Campine and Campine Recycling v Commission (T‑240/17, not published, EU:T:2019:778), and, second, payment of default interest on that compensation and, in the alternative, on ...