CELEX: C2004/217/58
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-248/04: Action brought on 21 June 2004 by Scania AB (Publ) against the Commission of the European Communities

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/32
            
         Action brought on 21 June 2004 by Scania AB (Publ) against the Commission of the European Communities
   (Case T-248/04)
   (2004/C 217/58)
   Language of the case: English
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 21 June 2004 by Scania AB (Publ), Södertälje (Sweden), represented by D. Arts and F. Herbert, lawyers, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the Commission of 7 April 2004 by which the Commission approved Volvo's divestment of A shares through Ainax;
            
         
               —
            
            
               order the Commission to pay the costs.
            
         Pleas in law and main arguments:
   The applicant states that the Commission's approval of the concentration between Volvo and Renault Vehicules Industriels (1) was conditional upon Volvo divesting its shares in Scania (the Scania undertaking). In the contested decision, the Commission accepted the divestiture proposals of Volvo according to which Volvo would transfer its remaining Scania shares to a subsidiary, Ainax. The applicant furthermore states that the Ainax shares would be distributed as dividend to the shareholders of Volvo.
   According to the applicant, the contested decision infringes the Scania undertaking provided for in the Commission's decision of 1 September 2000, as well as Article 6(1)(c) and 6(2) of Regulation 4064/89 (2).
   According to the applicant, the creation of an intermediate structure, Ainax, preserves the block of shares currently controlled by Volvo rather then dispersing it amongst the shareholders of Volvo. The applicant furthermore submits that because Renault has an approximate 20 % shareholding in Volvo, Renault controls approximately 20 % of Ainax which in turn controls approximately 25 % of Scania. The applicant therefore submits that the divestment structure grants Renault, and Volvo indirectly, a substantial influence over the applicant and a privileged inside knowledge of its business secrets. According to the applicant, it is therefore not able to act as an independent alternative to the Volvo/Renault VI group.
   
      (1)  Commission Decision of 1 September 2000 declaring a concentration to be compatible with the common market (Case No IV/M.1980 - 3* VOLVO/RENAULT V.I.) according to Council Regulation (EEC) No 4064/89 (OJ C 301, p. 23).
   
      (2)  Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ 1990 L 257, p. 13).