Judgment_paragraph 73 · Verein zur Wahrung von Einsatz und Nutzung von Chromtrioxid und anderen Chrom-VI-verbindungen in der Oberflächentechnik eV (VECCO) and Others v European Commission (T-360/13)

73In the light of what has been stated in the context of the second plea in law, it must be found that, since the Commission did not enjoy any discretion in the present case as regards the granting of an exemption under Article 58(2) of Regulation No 1907/2006, because not all of the conditions laid down in that article were met, it also could not have infringed the principle of proportionality in applying that article in the manner required by it. Since the Commission was therefore obliged to take the decision not to grant an exemption, it could not, by dint of that fact, have infringed the principle of proportionality.