25.1.2014   

EN

Official Journal of the European Union

C 24/13

Appeal brought on 25 November 2013 by Compañía Española de Petróleos (CEPSA), S.A. against the judgment delivered on 16 September 2013 in Case T-497/07 CEPSA v Commission

(Case C-608/13 P)

2014/C 24/25

Language of the case: Spanish

Parties

Appellant: Compañía Española de Petróleos (CEPSA), S.A. (represented by: O. Armengol i Gasull and J.M. Rodríguez Cárcamo, abogados)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

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uphold the appeal and itself give a final judgment in the case, without referring the case back to the General Court;

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set aside the contested judgment insofar as paragraph 1 of the operative part dismisses CEPSA’s action for annulment and paragraph 3 of the operative part orders CEPSA to pay the costs, uphold paragraph 2 of the operative part, rejecting the Commission’s claims and, accordingly, amend Decision C(2007)4441 final of 3 October 2007 relating to a proceeding under Article 81 [EC] (Case COMP/38.710 — Bitumen Spain), reducing the amount of the fine to the extent that the Court of Justice considers appropriate; and

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order the European Commission to pay the costs.

Pleas in law and main arguments

1.

Error of law (Second paragraph of Article 263 TFEU, in relation to Article 3 of Regulation No 1 (1) determining the languages to be used by the European Economic Community). In the appellant’s view, infringement of the rules governing languages in the statement of objections in a competition proceeding is an infringement of an essential procedural requirement that must entail the annulment of the decision ultimately made in that proceeding, even if that infringement does not affect the un