CELEX: C2005/281/42
Language: en
Date: 2005-11-12 00:00:00
Title: Case T-87/05: Judgment of the Court of First Instance of 21 September 2005 — EDP v Commission (Competition — Concentration — Regulation (EEC) No 4064/89 — Decision declaring a concentration incompatible with the common market — Portuguese electricity and gas markets — Acquisition of GDP by EDP and Eni — Directive 2003/55/EC — Liberalisation of gas markets — Commitments)

12.11.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 281/22
            
         Judgment of the Court of First Instance of 21 September 2005 — EDP v Commission
   (Case T-87/05) (1)
   
   (Competition - Concentration - Regulation (EEC) No 4064/89 - Decision declaring a concentration incompatible with the common market - Portuguese electricity and gas markets - Acquisition of GDP by EDP and Eni - Directive 2003/55/EC - Liberalisation of gas markets - Commitments)
   (2005/C 281/42)
   Language of the case: English
   Parties
   
      Applicant(s): EDP — Energias de Portugal SA (Lisbon, Portugal) (represented by C. Botelho Moniz, R. García-Gallardo, A. Weitbrecht and J. Ruiz Calzado, lawyers)
   
      Defendant(s): Commission of the European Communities (represented by A. Bouquet and M. Schneider, agents)
   
      Intervener(s) in support of the defendant(s): Gas Natural SDG SA (Barcelona, Spain) (represented by J. Perez-Bustamante Köster and P. Suárez Fernández, lawyers)
   Application for
   for annulment of Commission Decision C(2004) 4715 final of 9 December 2004 declaring incompatible with the common market the concentration by which EDP — Energias de Portugal SA and Eni Portugal Investment SpA proposed to acquire joint control of Gás de Portugal SGPS SA (Case COMP/M.3440 — EDP/ENI/GDP
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Dismisses the application;
            
         
               2)
            
            
               Orders the applicant to pay the costs;
            
         
               3)
            
            
               Orders the parties to bear their own costs in relation to the intervention.
            
         
      (1)  OJ C 82, 2.4.2005.