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Case T-607/11: Order of the General Court of 7 March 2013 — Henkel and Henkel France v Commission (Action for annulment — Request from the French competition authority seeking to obtain the transmission of certain documents contained in the Commission’s file relating to competition proceedings concerning the European market for consumer detergents — Use in the context of national proceedings concerning the French detergents sector — Disappearance of the legal interest in bringing proceedings — No need to adjudicate — Inadmissibility)
ECLI:EU:UNKNOWN:62011TB0607(01)
62011TB0607(01)
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4.5.2013
Official Journal of the European Union
C 129/20
(Case T-607/11)(1)
(Action for annulment - Request from the French competition authority seeking to obtain the transmission of certain documents contained in the Commission’s file relating to competition proceedings concerning the European market for consumer detergents - Use in the context of national proceedings concerning the French detergents sector - Disappearance of the legal interest in bringing proceedings - No need to adjudicate - Inadmissibility)
2013/C 129/40
Language of the case: English
Parties
Applicants: Henkel AG & Co. KGaA (Düsseldorf, Germany) and Henkel France (Boulogne Billancourt, France) (represented by: R. Polley, T. Kuhn, F. Brunet and É. Paroche, lawyers)
Defendant: European Commission (represented by: N. Khan and P. J. Van Nuffel, Agents)
Intervener in support of the applicants: Kingdom of Denmark (represented by: C. Vang, Agent)
Re:
Application for: (1) annulment of the decision allegedly contained in a Commission letter of 30 September 2011 (Case COMP/39.579 — Consumer detergents — and Case 09/0007 F) whereby the latter refused a request by the French competition authority to send it, for the purposes of Case 09/0007 F concerning the French detergents sector, certain documents produced in Case COMP/39.579; and (2) an order that the Commission authorise the applicants to rely on the documents in question in proceedings before the French competition authority and any other appropriate measure.
Operative part of the order
1.There is no need to adjudicate on the first head of claim of the action, seeking the annulment of the decision of the European Commission allegedly contained in its letter of 30 September 2011 to the French competition authority.
2.The action is dismissed as to the remainder.
3.There is no need to adjudicate on the applications for leave to intervene of Unilever PLC and Unilever NV.
4.The applicants, Henkel AG & Co. KGaA and Henkel France, are ordered to bear their own costs and to pay the costs incurred by the Commission, including those incurred in the application for interim measures in Case T-607/11 R. The Kingdom of Denmark is ordered to bear its own costs.
(1)
OJ C 25, 28.1.2012.