41Finally, the Court of First Instance cannot in those circumstances be criticised for, as the Commission claims, disregarding the rules on allocation of the burden of proof. In that regard, it is sufficient to note that, in paragraph 80 of the judgment under appeal, the Court of First Instance held, in accordance with the requirements laid down in Cofaz and Others v Commission (paragraph 28), that it is for Lenzing alone to adduce pertinent reasons to show that the Commissions decision may adversely affect its legitimate interests by seriously jeopardising its position on the market in question. For the reasons set out in paragraphs 34 to 39 of this judgment, the factors relied on by Lenzing and examined by the Court of First Instance showed that there was such an adverse effect.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.