(Case T-279/04)

Competition – Concentrations – French-language publishing – Decision declaring the concentration compatible with the common market subject to sale of assets – Action for annulment brought by an unsuccessful prospective purchaser – Duty to state reasons – Fraud – Error of law – Manifest error of assessment – Regulation (EEC) No 4064/89

5. Competition – Concentrations – Examination by the Commission – Revocation of a decision authorising a concentration operation – Criteria – Decision fraudulently obtained – Concentration operation classified as acquisition of shareholdings on a temporary basis – Requirement for demonstration that control acquired (Council Regulation No 4064/89, Arts 3(1)(b) and (5)(a) and 8(5)(a)) (see paras 191-194)

11. Competition – Concentrations – Examination by the Commission – Commitments by the undertakings concerned to render the notified transaction compatible with the common market – Undertaking to sell assets – Selection criteria of the buyer – Current or potential competitor – Independence, financial resources and competences confirmed – Sale of assets to a financial buyer – Lawfulness (Council Regulation No 4064/89; Commission Communication on corrective measures admissible in accordance with Regulations Nos 4064/89 and 447/98, para. 49) (see paras 340-346)

Re:

APPLICATION for the annulment of Commission Decision 2004/422/EC of 7 January 2004 declaring a concentration to be incompatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2978 – Lagardère/Natexis/VUP) (OJ 2004 L 125, p. 54).

Operative part

The Court:

1.Dismisses the action;

2.Orders Éditions Odile Jacob SAS to bear its own costs and to pay the costs of the European Commission and Lagardère SCA.