Judgment of the Court (Grand Chamber) of 15 February 2005 in Case C-12/03 P: Commission of the European Communities v Tetra Laval BV (Appeal — Competition — Regulation (EEC) No 4064/89 — Decision declaring a ‘conglomerate-type’ concentration incompatible with the common market — Leveraging — Scope of judicial review — Factors to be taken into consideration — Behavioural commitments)
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), competition law, dominant position, economic concentration, preparation for market

2.4.2005

EN

Official Journal of the European Union

C 82/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 27 January 2005

(Grand Chamber)

of 15 February 2005

in Case C-422/02 P: Europe Chemi-Con (Deutschland)
GmbH v Council of the European Union and Commission
of the European Communities (1)

in Case C-12/03 P: Commission of the European Commu-
nities v Tetra Laval BV (1)

(Appeal — Anti-dumping measures — Regulation termi-
nating anti-dumping proceedings — Retroactivity — Equal
treatment — Non-discrimination — Imports of certain large
aluminium electrolytic capacitors from Japan)

(2005/C 82/01)

(Language of the case: English)

(Lawyers: K. Adamantopoulos,

In Case C-422/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice, brought on 21 November 2002, Europe
Chemi-Con (Deutschland) GmbH, established in Nuremberg
(Germany),
J. Branton, and
J. Gutiérrez Gisbert) the other parties to the proceedings being:
Council of
the European Union (Agent: S. Marquardt and
G. Berrisch) and Commission of the European Communities
(Agents: T. Scharf and S. Meany) – the Court (First Chamber),
composed of P.
the Chamber, A. Rosas
(Rapporteur) and S. von Bahr, Judges; F.G. Jacobs, Advocate
General; R. Grass, Registrar, gave a judgment on 27 January
2005, in which it:

Jann, President of

1. Dismisses the appeal.

(Appeal — Competition — Regulation (EEC) No 4064/89 —
Decision declaring
concentration
incompatible with the common market — Leveraging —
Scope of judicial review — Factors to be taken into considera-
tion — Behavioural commitments)

‘conglomerate-type’

a

(2005/C 82/02)

(Language of the case: English)

In Case C-12/03 P: appeal under Article 49 of the EC Statute of
the Court of Justice lodged on 8 January 2003 by Commission
of the European Communities (Agents: M. Petite, A Whelan
and P. Hellström), the other party to the proceedings being
Tetra Laval BV, established in Amsterdam (Netherlands) (repre-
sented by A. Vandencasteele and D. Waelbroeck, M. Johnsson,
A. Weitbrecht and S. Völcker) — the Court (Grand Chamber),
composed of P. Jann, President of the First Chamber (acting as
President), C.W.A. Timmermans and A. Rosas (Rapporteur),
Puissochet,
Presidents of Chambers, C. Gulmann,
R. Schintgen, N. Colneric, S. von Bahr and J.N. Cunha Rodri-
gues, Judges; A. Tizzano, Advocate General; L. Hewlett, Prin-
cipal Administrator, for the Registrar, gave a judgment on 15
February 2005, in which it:

J.-P.

2. Orders Europe Chemi-Con (Deutschland) GmbH to bear its own
costs and to pay those incurred by the Council of the European
Union in these proceedings.

1. Dismisses the appeal;

3. Orders the Commission of the European Communities to bear its

own costs.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 19 of 25.01.2003.

(1) OJ C 70 of 22.03.2003.