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C series
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5.8.2024
(Interim relief - Competition - Concentrations - Request for information - Article 11(3) of Regulation (EC) No 139/2004 - Application for interim measures - Prima facie case words - Weighing up of interests)
(C/2024/4729)
Language of the case: French
Applicant: Lagardère SA (Paris, France) (represented by: D. Théophile, G. Aubron and C. Bocket, lawyers)
Defendant: European Commission (represented by: P. Caro de Sousa, B. Cullen and D. Viros, acting as Agents)
By its application under Articles 278 and 279 TFEU, the applicant seeks, first, suspension of operation of Commission Decision C(2023) 6429 final of 19 September 2023 relating to a procedure pursuant to Article 11(3) of Council Regulation (EC) No 139/2004 (Case M.11184 – Vivendi/Lagardère), as amended by Commission Decision C(2023) 7464 final of 27 October 2023, and, second, as a precautionary measure, an order that the Commission retain all of the documents concerned by the contested decision and which may be relevant to the Commission’s investigation.
1.There is no longer any need to adjudicate on the application for interim measures in so far as it relates to documents provided to the Commission on 30 January 2024.
2.The operation of Commission Decision C(2023) 6429 final of 19 September 2023 relating to a procedure pursuant to Article 11(3) of Council Regulation EC No 139/2004 (Case M.11184 – Vivendi/ Lagardère), as amended by Commission Decision C(2023) 7463 final of 27 October 2023 is suspended, in so far as it concerns documents which were not provided to the Commission on 30 January 2024.
3.Lagardère SA is ordered to request that the persons concerned by Decision C(2023) 6429 final, as amended by Commission Decision C(2023) 7463 final, take all necessary steps to ensure that the documents referred to in the annex to that decision, which have not yet been provided to the Commission, are retained in a format that guarantees the integrity and inalterability of those documents.
4.The application is dismissed as to the remainder.
5.The costs are reserved.
ELI: http://data.europa.eu/eli/C/2024/4729/oj
ISSN 1977-091X (electronic edition)
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