Transnational Company 'Kazchrome' AO and ENRC Marketing AG v Council of the European Union (T-192/08)
law://eu/cjeu/2008/t-192-08/para_303@2026-11-15
Key facts
Court
General Court · Second Chamber
Case
T-192/08 · ECLI:EU:T:2011:619
Decided
25 Oct 2011
Procedure
Action for annulment
Applicants
Transnational Company Kazchrome AO, established in Aktobe (Kazakhstan); ENRC Marketing AG; represented initially by L. Ruessmann and A. Willems, and subsequently by A. Willems and S. de Knop, lawyers
Defendant
Council of the European Union
Rapporteur
K. Jürimäe
Bench
3 judgesI. Pelikánová, K. Jürimäe, S. Soldevila Fragoso
303Nevertheless, such an irregularity cannot affect the lawfulness of the contested regulation unless the applicants show that, if the answer to the MET claim had been provided within the time-limits, it could have been different. As it is, the applicants’ assertion that, if the Commission had acted in such a way as to ensure that the three-month time-limit was observed, they could have allowed the verification visit to go ahead is not substantiated by any evidence. Thus, at the hearing, the applicants stated that they would have been able to allow the verification visit — scheduled to take place between 21 February and 2 March 2007 — to go ahead, if it had been organised in January 2007, since it was not until the end of February 2007 that the IPO had required additional work. The applicants have not produced any document in support of that statement. On the contrary, in their letter of 14 February 2007 and in their written pleadings, they stated that, by February 2007, the preparations for the IPO had already been under way for a number of months.