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26.11.2011 |
EN |
Official Journal of the European Union |
C 347/30 |
Judgment of the General Court of 12 October 2011 — Association belge des consommateurs test-achats v Commission
(Case T-224/10) (1)
(Competition - Concentrations - Belgian energy market - Decision declaring a merger to be compatible with the common market - Commitments given during the initial phase of the investigation - Decision refusing the partial referral of the merger investigation to the national authorities - Action for annulment - Consumer association - Interest in bringing proceedings - Failure to initiate the in-depth review procedure - Procedural rights - Inadmissibility)
2011/C 347/48
Language of the case: English
Parties
Applicant: Association belge des consommateurs test-achats ASBL (Brussels, Belgium) (represented by: A. Fratini and F. Filpo, lawyers)
Defendant: European Commission (represented by: N. Khan, A. Antoniadis and R. Sauer, Agents)
Intervener in support of the defendant: Électricité de France (EDF), (Paris, France), (represented initially by C. Lazarus, A. Amsellem and A. Fontanille, and subsequently by C. Lazarus and A. Creus Carreras, lawyers)
Re:
APPLICATION for annulment of Commission Decisions C(2009) 9059 and C(2009) 8954 of 12 November 2009, the former declaring a merger to be compatible with the common market (Case COMP/M.5549 — EDF/Segebel) under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and the latter rejecting a request from the Belgian competition authorities for partial referral of the case in accordance with Article 9 of that regulation.
Operative part of the judgment
The Court:
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1. |
Dismisses the action as inadmissible; |
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2. |
Orders the Association belge des consommateurs test-achats ASBL to bear its own costs and to pay those incurred by the European Commission; |
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3. |
Orders Électricité de France (EDF) to bear its own costs. |