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Case C-202/06 P: Order of the Court of 18 December 2007 — Cementbouw Handel & Industrie BV v Commission of the European Communities (Appeals — Competition — Regulation (EEC) No 4064/89 — Competence of the Commission — Notification of a concentration having a Community dimension — Commitments proposed by the parties — Effect on the Commission's competence — Authorisation subject to certain commitments — Principle of proportionality)
ECLI:EU:UNKNOWN:62006CA0202
62006CA0202
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Valentina R., lawyer
23.2.2008
Official Journal of the European Union
C 51/15
(Case C-202/06 P)
(Appeals - Competition - Regulation (EEC) No 4064/89 - Competence of the Commission - Notification of a concentration having a Community dimension - Commitments proposed by the parties - Effect on the Commission's competence - Authorisation subject to certain commitments - Principle of proportionality)
(2008/C 51/24)
Language of the case: English
Applicant: Cementbouw Handel & Industrie BV (represented by: W. Knibbeler, O. Brouwer and P. Kreijger, lawyers)
Other party to the proceedings: Commission of the European Communities (represented by: E. Gippini Fournier, A. Nijenhuis and A. Whelan, Agents)
Action
Appeal brought against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 23 February 2006 in Case T-282/02 Cementbouw Handel & Industrie v Commission, whereby the Court of First Instance dismissed an application for the annulment of Commission Decision (2002)2315 final of 26 June 2002 relating to a procedure pursuant to Regulation (EEC) No 4064/89 — Haniel/Cementbouw/JV (CVK), declaring a concentration entailing the acquisition of joint control of the cooperative CVK by Franz Haniel & Cie GmbH and Cememtbouw Handel & Industrie BV to be compatible with the common market and the EEA Agreement, on condition that certain commitments be complied with in order to correct the dominant position created on the Netherlands market in construction materials for load-bearing walls — Incorrect interpretation of Articles l, 2, and 3(1) of Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings (OJ 1989 L 395, p. 1) and of Article 8(2) of Council Regulation (EC) No 1310/97 of 30 June 1997 amending Regulation (EEC) No 4064/89 (OJ 1997 L 180, p. 1) — Breach of the principle of proportionality
Operative part of the judgment
1.Dismisses the appeal;
2.Orders Cementbouw Handel & Industrie BV to pay the costs.
(<span class="super">1</span>) OJ C 178, 29.7.2006.