Judgment of the General Court (Fourth Chamber) of 23 November 2011 -
   Jones and Others v Commission

   (Case T-320/07)

   ECSC Treaty - Supply of coal intended for the United Kingdom
   electricity generation industry - Rejection of a complaint alleging
   discriminatory pricing - Commission's competence to apply Article 4(b)
   CS following expiry of the ECSC Treaty, on the basis of Regulation (EC)
   No 1/2003 - Assessment of Community interest - Obligations in relation
   to the investigation of a complaint - Manifest error of assessment

   1.                     Procedure - Representation of the parties -
   Authority to act ad litem - Required degree of precision (Rules of
   Procedure of the General Court, Art. 44(5)) (see paras 52-59)

   2.                     Procedure - Reply - Formal requirements -
   Signature by a lawyer - Reply containing letters drafted by the
   complainants, without the assistance of a lawyer, and lodged by them
   directly with the General Court - Letters subsequently countersigned by
   a lawyer - Inadmissibility (Statute of the Court of Justice, Art. 19,
   third and fourth paras; Rules of Procedure of the General Court, Art.
   43(1)) (see paras 63-68)

   3.                     Competition - Administrative procedure -
   Examination of complaints - Taking into account the Community interest
   in investigating a case - Criteria for assessment - Discretion of the
   Commission - Limits - Judicial review (Arts 81 EC and 82 EC; Commission
   Notice 2004/C 101/05) (see paras 73-75)

   4.                     ECSC - Provisions concerning discrimination on
   prices and other purchase conditions - Article 4(b) - Temporal scope -
   Independent application since expiry of the ECSC Treaty - Direct effect
   (Arts 4(b) CS and 63(1) CS; Arts 81 EC and 82 EC; Council Regulations
   No 17 and No 1/2003) (see paras 84-90)

   5.                     Competition - Administrative procedure -
   Examination of complaints - Decision to take no further action
   motivated by the possibility of the claimant bringing the matter before
   the national courts - Legality - Conditions (Arts 81 EC and 82 EC) (see
   paras 92-94)

   6.                     Competition - Administrative procedure -
   Examination of complaints - Assessment of the Community interest in
   examining a case - Account to be taken of cessation of the practices
   complained of - Conditions (Arts 81 EC and 82 EC; Commission Notice
   2004/C 101/05) (see para. 98)

   7.                     Competition - Administrative procedure -
   Examination of complaints - No obligation to carry out an investigation
   and rule by decision on the existence of an infringement (Council
   Regulation No 1/2003; Commission Regulation No 773/2004) (see paras
   112-116)

   8.                     Procedure - Costs - Successful party ordered to
   bear its own costs and those incurred by the applicants (Rules of
   Procedure of the General Court, Art. 87(3) and (4)) (see paras 154-158)

   Re:

   APPLICATION for annulment of Commission Decision SG-Greffe (2007)
   D/203626 of 18 June 2007, pursuant to Article 7 of Commission
   Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of
   proceedings by the Commission pursuant to Articles 81 [EC] and 82 [EC]
   (OJ 2004 L 123, p. 18), rejecting the applicants' complaint concerning
   infringements of the ECSC Treaty (Case COMP/37.037-SWSMA).

   Operative part

   The Court:

   1.

   Dismisses the action;

   2.

   Orders the European Commission to pay, in addition to its own costs,
   the costs of Mr Glen Jones and of Mrs Daphne Jones, as well as those of
   Fforch-Y-Garon Coal Co. Ltd.

   3.

   Orders the United Kingdom of Great Britain and Northern Ireland, E.ON
   UK plc and International Power plc each to bear their own costs.