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Case T-691/21: Order of the General Court of 25 March 2022 — Alcogroup and Alcodis v Commission (Action for annulment — Competition — Settlement procedure — Letter from the European Commission inviting an undertaking to express its interest in engaging in a settlement procedure — Act not open to challenge — Preparatory act — Intermediary act — Inadmissibility)
ECLI:EU:UNKNOWN:62021TB0691
62021TB0691
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7.6.2022
Official Journal of the European Union
C 222/30
(Case T-691/21) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - Competition - Settlement procedure - Letter from the European Commission inviting an undertaking to express its interest in engaging in a settlement procedure - Act not open to challenge - Preparatory act - Intermediary act - Inadmissibility)
(2022/C 222/50)
Language of the case: French
Parties
Applicants: Alcogroup (Brussels, Belgium) and Alcodis (Brussels) (represented by: P. de Bandt, C. Binet and M. Nuytten, lawyers)
Defendant: European Commission (represented by: P. Berghe, T. Baumé and F. Jimeno Fernández, agents)
Re:
By their action based on Article 263 TFEU, lodged at the Registry of the General Court on 27 October 2021, the applicants seek to have set aside the letter of the European Commission of 17 September 2021, by which the Commission invited the applicants to inform it, within two weeks, of their interest in engaging in a settlement procedure within the meaning of Article 10a of Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles [101 and 102 TFEU] (OJ 2004 L 123, p. 18), as amended, regarding a potential infringement of Article 101 TFEU that they may have committed with other undertakings.
Operative part of the order
1.The action is dismissed as inadmissible.
2.The applicant shall pay the costs.
(<span class="oj-super">1</span>) OJ C 513, 20.12.2021.