Judgment_paragraph 82 · Ballast Nedam Infra BV v European Commission (T-362/06)

82As a preliminary point, the Court recalls that it is settled law that it is for undertakings seeking an exemption under Article 81(3) EC to establish, on the basis of documentary evidence, that an exemption is justified. Accordingly, the Commission cannot be criticised for failing to put forward alternative solutions or to indicate in what respects it would regard the grant of an exemption as justified (Joined Cases 43/82 and 63/82 VBVB and VBBB v Commission [1984] ECR 19, paragraph 52). In applying the competition rules, all that is incumbent upon the Commission, by virtue of its obligation to state reasons, is to mention the matters of fact and of law and the considerations which prompted it to take a decision rejecting the application for exemption, and the applicant may not require it to discuss all the matters of fact and law raised by it in the administrative procedure (Case T-29/92 SPO and Others v Commission [1995] ECR II-289, paragraphs 262 and 263). It follows that it is for the applicant to establish that the Commission made an error of law or of fact by refusing to grant it an exemption under Article 81(3) EC.