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Case T-452/04: Judgment of the General Court (Sixth Chamber) of 13 September 2010 — Éditions Jacob v Commission (Competition — Concentrations — French-language publishing — Decision declaring the concentration compatible with the common market subject to sale of assets — Decision to approve the purchaser of the assets sold — Action for annulment brought by an unsuccessful prospective purchaser — Trustee’s independence — Regulation (EEC) No 4064/89)
ECLI:EU:UNKNOWN:62004TA0452
62004TA0452
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Official Journal of the European Union
C 301/20
(Case T-452/04) (<span class="super">1</span>)
(Competition - Concentrations - French-language publishing - Decision declaring the concentration compatible with the common market subject to sale of assets - Decision to approve the purchaser of the assets sold - Action for annulment brought by an unsuccessful prospective purchaser - Trustee’s independence - Regulation (EEC) No 4064/89)
2010/C 301/30
Language of the case: French
Parties
Applicant: Éditions Odile Jacob SAS (Paris, France) (represented by: W. van Weert, O. Fréget, M. Struys, M. Potel and L. Eskenazi, lawyers)
Defendant: European Commission (represented by: initially A. Whelan, O. Beynet, A. Bouquet and F. Arbault, then A. Bouquet and O. Beynet, acting as Agents)
Interveners in support of the defendant: Wendel Investissement SA (Paris) (represented by: initially C. Couadou and M. Trabucchi, then M. Trabucchi and F. Gordon, lawyers); and Lagardère SCA (Paris) (represented by: initially A. Winckler, I. Girgenson and S. Sorinas Jimeno, then A. Winckler, F. de Bure and J.-B. Pinçon, lawyers)
Re:
Application for the annulment of Commission Decision (2004) D/203365 of 30 July 2004 relating to the approval of Wendel Investissement as purchaser of the assets sold in accordance with 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 of the judgment
The General Court:
1.annuls Commission Decision (2004)D/203365 of 30 July 2004 on the approval of Wendel Investissement SA as purchaser of the assets sold in accordance with Commission Decision 2004/422/EEC of 7 January 2004 declaring a concentration compatible with the common market and the functioning of the EEA Agreement (Case COMP/M.2978 — Lagardère/Natexis/VUP);
2.orders the European Commission and Lagardère SCA to bear their own costs and to pay the costs incurred by Éditions Odile Jacob SAS;
3.orders Wendel Investissement to bear its own costs.
(<span class="super">1</span>) OJ C 45, of 19.2.2005.