Case T-282/02: Judgment of the Court of First Instance of  23 February 2006  — Cementbouw Handel & Industrie BV v Commission (Competition — Control of concentration of undertakings — Articles 2, 3 and 8 of Regulation (EEC) No 4064/89 — Concept of concentration — Creation of a dominant position — Authorisation subject to compliance with certain commitments — Principle of proportionality)
Date: 2006-04-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building materials, dominant position, economic concentration

C 96/10

EN

Official Journal of the European Union

22.4.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 22 February
2006 — Le Levant 001 and Others v Commission

Judgment of the Court of First Instance of 23 February
2006 — Cementbouw Handel & Industrie BV v Commis-
sion

(Case T-34/02) (1)

(Case T-282/02) (1)

(State aid — Concept of interested party — Formal notice to
submit comments — Decision to open the procedure provided
for in Article 88(2) EC — Tax deduction measure for certain
overseas investments — Development aid for shipbuilding —
Assessment in the light of Article 87(1) EC — Obligation to
state reasons)

(Competition — Control of concentration of undertakings —
Articles 2, 3 and 8 of Regulation (EEC) No 4064/89 —
Concept of concentration — Creation of a dominant position
— Authorisation subject to compliance with certain commit-
ments — Principle of proportionality)

(2006/C 96/17)

Language of the case: French

(2006/C 96/18)

Language of the case: English

Parties

Parties

Applicants: EURL Le Levant 001 (Paris, France) and the other
applicants listed in the Annex to the judgment (represented by:
P. Kirch and N Chahid-Nouraï, lawyers)

Defendant: Commission of the European Communities (repre-
sented by G. Rozet, acting as Agent)

Re:

for

annulment

Commission Decision
Application
2001/882/EC of 25 July 2001 on the State aid implemented by
France in the form of development assistance for the cruise
vessel Le Levant, built by Alstom Leroux Naval for operation in
Saint-Pierre-et-Miquelon (OJ 2001 L 327, p. 37).

of

Operative part of the judgment

The Court

Applicant: Cementbouw Handel & Industrie BV (Le Cruquius,
Netherlands) (represented by: W. Knibbeler, O. Brouwer and P.
Kreijger, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: initially, A. Nijenhuis, K. Wiedner and W. Mölls, and
subsequently A. Nijenhuis, E. Gippini Fournier and A. Whelan,
acting as Agents)

Application for

annulment of Commission Decision 2003/756/EC of 26 June
2002, relating to a procedure pursuant to Council Regulation
(EEC) No 4064/89, declaring a merger to be compatible with
the common market and the EEA Agreement (Case COMP/
M.2650 — Haniel/Cementbouw/JV (CVK))
(OJ 2003 L 282,
p. 1, corrigendum published in OJ 2003 L 285, p. 52)

1. Annuls Commission Decision 2001/882/EC of 25 July 2001 on
the State aid implemented by France in the form of development
assistance for the cruise vessel Le Levant, built by Alstom Leroux
Naval for operation in Saint-Pierre-et-Miquelon;

2. Orders the Commission to bear its own costs and to pay the costs
incurred by the applicants, including those relating to the interim
proceedings.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ 109, 4.5.2002.

(1) OJ C 274 of 9.11.2002.