Case T-1097/23 R-RENV: Order of the Vice-President of the General Court of 13 June 2024 – Vivendi v Commission (Interim relief – Competition – Concentrations – Request for information – Article 11(3) of Regulation (EC) No 139/2004 – Application for interim measures – Prima facie case – Weighing up of interests)
Date: 2024-06-13
Institutions: General Court
Subjects: access to EU information, audiovisual industry, data protection, economic concentration, electronic document, merger control, protection of privacy








C_202404728EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4728


5.8.2024






Order of the Vice-President of the General Court of 13 June 2024 – Vivendi v Commission


(Case T-1097/23 R-RENV)

(Interim relief - Competition - Concentrations - Request for information - Article 11(3) of Regulation (EC) No 139/2004 - Application for interim measures - Prima facie case - Weighing up of interests)
(C/2024/4728)
Language of the case: French

Parties


Applicant: Vivendi SE (Paris, France) (represented by: P. Gassenbach, P. Wilhelm, E. Dumur, O. Thomas, S. Schrameck, F. de Bure and Y. Boubacir, lawyers)

Defendant: European Commission (represented by: P. Caro de Sousa, B. Cullen and D. Viros, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: A.-L. Meyer and N. Coghlan, acting as Agents)

Re:

By its application under Articles 278 and 279 TFEU, the applicant seeks, first, suspension of operation of Commission Decision C(2023) 6428 final of 19 September 2023 relating to a procedure pursuant to Article 11(3) of Council Regulation (EC) No 139/2004 (Case M.11184 – Vivendi/Lagardère), as amended by Commission Decision C(2023) 7463 final of 27 October 2023 and, second, as a precautionary measure, an order that the Commission retain all of the documents concerned by the decision of 19 September 2023, as amended by the decision of 27 October 2023, on a dedicated electronic device, delivered under electronic seal to an independent, trusted third party.

Operative part of the order







1.


The operation of Commission Decision C(2023) 6428 final of 19 September 2023 relating to a procedure pursuant to Article 11(3) of Council Regulation (EC) No 139/2004 (Case M.11184 – Vivendi/Lagardère), as amended by Commission Decision C(2023) 7463 final of 27 October 2023 is suspended, in so far as the obligation set out therein covers documents containing data relating to the private lives of the persons concerned by that decision.










2.


Vivendi SE is ordered to take all necessary steps to ensure that the documents referred to in the annex to Decision C(2023) 6428 final, as amended by Commission Decision C(2023) 7463 final, which have not yet been provided to the European Commission, are retained in a format that guarantees the integrity and inalterability of those documents, provided that the documents contain data relating to the private lives of the persons concerned.










3.


The Commission is ordered to retain the documents referred to in the annex to Decision C(2023) 6428 final, as amended by Commission Decision C(2023) 7463 final, which have been provided to Vivendi, under seal, provided that such documents contain data relating to the private lives of the persons concerned.










4.


The application is dismissed as to the remainder.










5.


The costs are reserved.






ELI: http://data.europa.eu/eli/C/2024/4728/oj
ISSN 1977-091X (electronic edition)