Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

Judgment of 6 Sept 2013

law://eu/cjeu/2011/t-289-11/para_181@2026-11-13

181In the second place, the descriptions of the conduct concerned in the second and third inspection decisions are sufficiently precise, having regard to the requirements of the case‑law cited in paragraphs 170 and 171 above. Article 1 and recital 6 of the second inspection decision and Article 1 and recitals 6 to 8 of the third inspection decision show that the conduct concerned relates to various discriminatory practices by DUSS towards competitors, particularly the grant of inappropriate access to terminals, the provision of less efficient services and the refusal of access to terminals. It is also noted that the downstream market concerned is the rail transport market. Finally, it should be observed, as the Commission did, that the fifth recital — in Cases T‑290/11 and T‑521/11, respectively — shows that the applicants were aware of the conduct to which the inspection related. The description of the essential features of the suspected infringement in the second and third decisions was therefore sufficient.

Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

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