||All England Reporter
|| All ER (D) 172 (Sep)
||Court of First Instance (Second Chamber)
Judges Pirrung (President), Meij and Forwood
||28 September 2004
European Communities - Application of rules of competition - Control of concentrations between undertakings - Withdrawal of notification of proposed merger - EC Commission decision - Application for annulment of decision - Council Regulation (EEC) 4064/89 - Commission Decision (EC) 2003/790.
By adopting Commission Decision (EEC) 2003-790 (declaring a concentration incompatible with the common market and the EEA agreement), when the notifying parties had formally withdrawn their notification of a merger and informed the Commission of the abandonment of that merger in the form envisaged in the notification, the Commission had exceeded its powers under Council Regulation (EEC) 4064-89 (on the control of concentrations between undertakings), and the contested decision would, accordingly, be annulled.
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