Case T-209/01: Judgment of the Court of First Instance of  14 December 2005  — Honeywell International Inc. v Commission of the European Communities (Action for annulment — Competition — Commission decision declaring a concentration to be incompatible with the common market — Regulation (EEC) No 4064/89 — Ineffectiveness of a partial challenge to the decision — Aeronautical markets — Action that cannot lead to annulment of the decision)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition law, economic concentration, electrical industry

C 48/26

EN

Official Journal of the European Union

25.2.2006

Defendants: Council of the European Union (represented by: S.
Marquardt and F. Ruggeri Laderchi, Agents) and Commission
of
the European Communities (initially represented by: P.
Kuijper, E. Righini, V. Di Bucci and B. Jansen and then by: P.
Kuijper, E. Righini and V. Di Bucci, Agents)

Interveners in support of the defendant: Rolls-Royce plc (London,
United Kingdom, represented by A. Renshaw, Solicitor) and
Rockwell Collins, Inc. (Cedar Rapids, Iowa, United States, repre-
J. Davies, A. Ryan, Solicitors, and P.
sented by T. Soames,
Camesasca, lawyer)

Application for

Application for

compensation in respect of the damage allegedly caused by the
levying by the United States of America of increased customs
duty on the applicants' imports of spectacle cases, as authorised
by the Dispute Settlement Body of the World Trade Organisa-
tion (WTO), following a finding that the Community regime
governing the import of bananas was incompatible with the
agreements and understandings annexed to the Agreement
establishing the WTO

Operative part of the judgment

The Court:

1. Dismisses the action;

the annulment of Commission Decision 2004/134/EC of 3 July
2001 declaring a concentration to be incompatible with the
common market and the EEA Agreement (Case No COMP/
M.2220 — General Electric/Honeywell) (OJ 2004 L 48, p. 1)

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant

to bear its own costs and to pay those

incurred by the Commission and by the interveners.

2. Orders the applicants to bear their own costs and to pay those of

the Council and the Commission.

(1) OJ C 331 of 24. 11. 2001.

(1) OJ C 275, 29.9.2001.

Judgment of the Court of First Instance of 14 December
2005 — Honeywell International Inc. v Commission of
the European Communities

(Case T-209/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Ineffec-
tiveness of a partial challenge to the decision — Aeronautical
markets — Action that cannot lead to annulment of the deci-
sion)

(2006/C 48/48)

Language of the case: English

Parties

Applicant: Honeywell International Inc. (Morristown, New Jersey
(United States)) (represented by: K. Lasok QC and F. Depoor-
tere, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, acting
as Agents)

Judgment of the Court of First Instance of 14 December
2005 — General Electric v Commission

(Case T-210/01) (1)

(Action for annulment — Competition — Commission deci-
sion declaring a concentration to be incompatible with the
common market — Regulation (EEC) No 4064/89 — Aero-
nautical markets — Acquisition of Honeywell by General
Electric — Vertical integration — Bundling — Foreclosure —
Horizontal overlaps — Rights of the defence)

(2006/C 48/49)

Language of the case: English

Parties

Applicant: General Electric Company (Fairfield, Connecticut
(United States)) (represented by: N. Green QC, C. Booth QC, J.
Simor, K. Bacon, Barristers, S. Baxter, Solicitor, L. Vogel and J.
Vogel, lawyers, and, initially, by M. Van Kerckhove, lawyer, and
subsequently by J. O'Leary, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: R. Lyal, P. Hellström and F. Siredey-Garnier, Agents)

Intervener(s) in support of the defendant: Rolls-Royce plc (London
(United Kingdom)) (represented by: A. Renshaw, Solicitor) and
by Rockwell Collins, Inc. (Cedar Rapids, Iowa (United States))
(represented by: T.
and A. Ryan,
Solicitors, and P.D. Camesasca, lawyer)

J. Davies

Soames,