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Case T-279/04: 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 — Action for annulment brought by an unsuccessful prospective purchaser — Obligation to state reasons — Fraud — Error of law — Manifest error of assessment — Regulation (EEC) No 4064/89)

ECLI:EU:UNKNOWN:62004TA0279

62004TA0279

September 13, 2010
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Official Journal of the European Union

C 301/20

(Case T-279/04) (<span class="super">1</span>)

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

2010/C 301/29

Language of the case: French

Parties

Applicant: Éditions Odile Jacob SAS (Paris, France) (represented by: O. Fréget, W. van Weert, I. de Seze, 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)

Intervener in support of the defendant: Lagardère SCA (Paris) (represented by: initially A. Winckler and I. Girgenson, then A. Winckler, F. de Bure and J.-B. Pinçon, lawyers)

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 of the judgment

The General 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.

(<span class="super">1</span>) OJ C 262, of 23.10.2004.

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