Opinion of the Advocate General — ECLI:EU:C:2004:319
Date: 2004-05-25
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Dominant position
Procedure: Action for annulment;Appeal - decision unnecessary
Origin: Netherlands

Summary of the Judgment Appeals – Purpose – Annulment of a judgment of the Court of First Instance holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of the decision declaring the merger between the undertakings concerned to be incompatible with the common market – Appeal devoid of purpose by reason of the dismissal of the appeal against the judgment holding the decision of incompatibility to be unlawful – No need to adjudicate (EC Statuteof the Courtof Justice, Art. 49)