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Case T-907/16: Order of the General Court of 27 November 2017 — Schwenk Zement v Commission (Action for annulment — Competition — Mergers — Market for grey cement in Croatia — Decision to initiate the detailed examination phase in accordance with Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not open to challenge — Preparatory act — Inadmissibility)
ECLI:EU:UNKNOWN:62016TB0907
62016TB0907
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5.2.2018
Official Journal of the European Union
C 42/26
(Case T-907/16) (<span class="super note-tag">1</span>)
((Action for annulment - Competition - Mergers - Market for grey cement in Croatia - Decision to initiate the detailed examination phase in accordance with Article 6(1)(c) of Regulation (EC) No 139/2004 - Act not open to challenge - Preparatory act - Inadmissibility))
(2018/C 042/38)
Language of the case: German
Parties
Applicant: Schwenk Zement KG (Ulm, Germany) (represented by: U. Soltész, M. Raible and G. Wecker, lawyers)
Defendant: European Commission (represented by: A. Dawes, H. Leupold and T. Vecchi, acting as Agents)
Re:
Action brought under Article 270 TFEU, seeking annulment of Commission Decision C(206) 6591 final of 10 October 2016, to initiate the detailed examination phase in accordance with Article 6(1)(c) of Council Regulation (EC) No 139/2004, seeking to assess the compatibility with the internal market of the acquisition of control of Cemex Hungária Épitöanyagok Kft. and Cemex Hrvatska d.d. by HeidelbergCement AG and Schwenk Zement through Duna-Dráva Cement Kft.
Operative part of the order
1.The action is dismissed as inadmissible.
2.Schwenk Zement KG is ordered to bear its own costs as well as those incurred by the European Commission.
(<span class="note"> <a id="ntr1-C_2018042EN.01002601-E0001" href="#ntc1-C_2018042EN.01002601-E0001">*1</a> </span>) OJ C 63, 27.2.2017.