Order of the General Court (Fifth Chamber) of 7 April 2025 –Kingspan Group v Commission
(Case T‑507/24)
( Action for annulment – Competition – Article 14(1) of Regulation (EC) No 139/2004 – Procedure to impose penalties on parties to a proposed concentration for providing incomplete, incorrect or misleading information in the course of a European Commission investigation – Decision of the Commission’s Hearing Officer to refuse access to certain documents in the investigation file relating to that proposed concentration – Act not open to challenge – Inadmissibility )
Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Not included – Decision of the Commission’s Hearing Officer refusing a request for access to the file submitted in the course of an investigation procedure conducted by the Commission – Measure not producing independent legal effects – Inadmissibility
(Art. 263 TFEU; Council Regulation No 139/2004, Art. 14(1); Commission Decision 2011/695, Art. 7(3))
(see paragraphs 23-25, 30)
Operative part
1.
The action is dismissed as inadmissible.
2.
Kingspan Group plc shall, in addition to bearing its own costs, pay those incurred by the European Commission.