Joined Cases T-346/02 and T-347/02





Cableuropa SA and Others

v

Commission of the European Communities





«(Competition – Control of concentrations between undertakings – Regulation (EEC) No 4064/89 – Decision to refer to national authorities – Concept of distinct market)»

Judgment of the Court of First Instance (Third Chamber), 30 September 2003

Summary of the Judgment

1.. Actions for annulment – Natural or legal persons – Measures directly concerning them – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Third-party undertaking

(Art. 230, fourth para., EC; Council Regulation No 4064/89, Art. 9(3))

2.. Actions for annulment – Independent of recourse to the national courts

(Arts 230 EC and 234 EC)

3.. Actions for annulment – Natural or legal persons – Measures concerning them individually – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Third-party undertaking

(Art. 230, fourth para., EC; Council Regulation No 4064/89, Arts 6(1)(b), 9(3) and 18(4))

4.. Competition – Concentrations between undertakings – Investigation by the Commission – Referral of the examination of a concentration operation to the competent authorities of a Member State – Conditions – Judicial review – Scope

(Council Regulation No 4064/89, Art. 9(2)(a))

5.. Procedure – Introduction of new pleas in law in the course of the proceedings – Plea based on matters coming to light during the proceedings – Confirmation, by a judgment of the Court of Justice, of a legal situation known to the parties – Inadmissible

(Rules of Procedure of the Court of First Instance, Arts 48(2) and 76a(3))

6.. Competition – Concentrations between undertakings – Referral of the examination of a concentration operation to the competent authorities of a Member State – Relevant market – Determination of its distinctness – Geographical delimitation – Criteria for assessment

(Council Regulation No 4064/89, Art. 9)

7.. Competition – Concentrations between undertakings – Investigation by the Commission – Definition of the relevant markets – Discretion – Judicial review – Limits

(Council Regulation No 4064/89, Art. 9)

8.. Competition – Concentrations between undertakings – Investigation by the Commission – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Discretion of the Commission – Judicial review – Limits

(Council Regulation No 4064/89, Art. 9(3) and (8))

9.. Competition – Concentrations between undertakings – Investigation by the Commission – Decision to refer examination of a concentration operation to the competent authorities of a Member State – Discretion of the Commission – Previous decision-making practice – Not relevant

(Council Regulation No 4064/89, Art. 9(3))

10.. Community law – Interpretation – Acts of the institutions – Statement of reasons – Account to be taken



11.. Competition – Concentrations between undertakings – Referral of the examination of a concentration operation to the competent authorities of a Member State – Effects – Exclusive competence of the national authorities to rule on the operation – No possibility of the Commission binding the national authorities on the substance

(Art. 10 EC; Council Regulation No 4064/89, Art. 9(2)(a), (3), first para., (6) and (8))

12.. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to refer examination of a concentration operation to the competent authorities of a Member State

(Art. 253 EC; Council Regulation No 4064/89, Art. 9(3), first para.)

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