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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)
ECLI:EU:UNKNOWN:62007TA0411
62007TA0411
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14.8.2010
Official Journal of the European Union
C 221/36
(Case T-411/07) (<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 8, 12.1.2008.