CELEX: 62007TA0411
Language: en
Date: 2010-07-06 00:00:00
Title: Case T-411/07: Judgment of the General Court of 6 July 2010 — Aer Lingus Group v Commission (Competition — Concentrations — Decision declaring a concentration incompatible with the common market — Concept of concentration — Disposal of all the shares acquired, so as to restore the situation prevailing before the implementation of the concentration — Refusal to order appropriate measures — Lack of competence of the Commission)

14.8.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 221/36
            
         Judgment of the General Court of 6 July 2010 — Aer Lingus Group v Commission
   (Case T-411/07) (1)
   
   (Competition - Concentrations - Decision declaring a concentration incompatible with the common market - Concept of concentration - Disposal of all the shares acquired, so as to restore the situation prevailing before the implementation of the concentration - Refusal to order appropriate measures - Lack of competence of the Commission)
   2010/C 221/56
   Language of the case: English
   
      Parties
   
   
      Applicant: Aer Lingus Group plc (Dublin, Ireland) (represented by: A. Burnside, Solicitor, B. van de Walle de Ghelcke and T. Snels, lawyers, and subsequently by A. Burnside and B. van de Walle de Ghelcke)
   
      Defendant: European Commission (represented by: X. Lewis, É. Gippini Fournier and S. Noë, Agents)
   
      Intervener in support of the defendant: Ryanair Holdings plc (Dublin), (represented by J. Swift QC, V. Power, A. McCarthy, D. Hull, Solicitors, and G. Berrisch, lawyer)
   
      Re:
   
   Application for annulment of Commission Decision C(2007) 4600 of 11 October 2007 rejecting the applicant’s request to initiate proceedings under Article 8(4) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and to adopt interim measures under Article 8(5) of that regulation
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Aer Lingus Group plc to bear it own costs and those incurred by the Commission and Ryanair Holdings plc, including those relating to the interim proceedings.
            
         
      (1)  OJ C 8, 12.1.2008.