Judgment_paragraph 132 · Der Grüne Punkt - Duales System Deutschland GmbH v Commission of the European Communities (T-289/01)

132Similarly, the Court cannot take into account certain arguments raised by the Commission at the rejoinder stage, according to which shared use could be necessary in the case of low turnover, in so far as concerns self-management solutions which deal with packaging supplied in the course of mail-order, and where a single collection facility may be installed, in a hospital for example, in so far as concerns collection points treated as consumers. Those arguments do not appear in the contested decision (the turnover) or contradict it (the hospital) and the arguments raised by the Commission in the course of the proceedings cannot remedy the insufficiency of the reasoning in the contested decision in that regard (see, to that effect, Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraphs 47 and 48, and Case T-93/02 Confederation nationale du Crédit mutuel v Commission [2005] ECR II-143, paragraph 126).

Der Grüne Punkt - Duales System Deutschland GmbH v Commission of the European Communities (T-289/01)

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