KME Germany AG, KME France SAS and KME Italy SpA v European Commission (C-272/09 P)

Judgment of 8 Dec 2011

law://eu/cjeu/2009/c-272-09/para_105@2026-11-13

105That requirement, which is procedural in nature, does not conflict with the rule that, in regard to infringements of the competition rules, it is for the Commission to prove the infringements found by it and to adduce evidence capable of demonstrating to the requisite legal standard the existence of the circumstances constituting an infringement. What the applicant is required to do in the context of a legal challenge is to identify the impugned elements of the contested decision, to formulate grounds of challenge in that regard and to adduce evidence – direct or circumstantial – to demonstrate that its objections are well founded.

KME Germany AG, KME France SAS and KME Italy SpA v European Commission (C-272/09 P)

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