Manufacture française des pneumatiques Michelin v Commission of the European Communities (T-203/01)

Judgment of 30 Sept 2003

law://eu/cjeu/2001/t-203-01/para_123@2026-11-12

123The applicant complains that it never had access, during the administrative procedure, to the dealers' answers to the Commission's requests for information. The Commission communicated to it only the tables enclosed as annexes 10 and 16 to the application. Therefore, the answers given by the dealers cannot be considered valid pieces of evidence (Case 107/82 AEG v Commission [1983] ECR 3151, paragraph 23 et seq., and Case T-30/91 Solvay v Commission [1995] ECR II-1775, paragraph 58 et seq.). The applicant submits that it should have had access, during the administrative procedure, to the actual documents in the file. It refers in that regard to Case T-7/89 Hercules Chemicals v Commission [1991] ECR II-1711, paragraph 54, to Joined Cases T-68/89, T-77/89 and T-78/89 SIV and Others v Commission [1992] ECR II-1403, paragraphs 91 to 95, and also to the Commission Notice on the internal rules of procedure for processing requests for access to the file in cases pursuant to Articles [81] and [82] of the EC Treaty, Articles 65 and 66 of the ECSC Treaty and Council Regulation (EEC) No 4064/89 (OJ 1997 C 23, p. 3). In the applicant's submission, the Commission's failure to communicate those documents deprived it of the opportunity to check that there were no errors in the preparation of the tables to which it had access. Furthermore, if it had known the identity of the dealers alleged to have been harmed, it would have been able to ascertain their real reasons for criticising it.

Manufacture française des pneumatiques Michelin v Commission of the European Communities (T-203/01)

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