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Order of the Court (Fifth Chamber) of 9 March 2007. # Schneider Electric SA v Commission of the European Communities. # Appeals - Concentrations between undertakings - Electricity distribution market - Decisions to initiate and close proceedings. # Case C-188/06 P.
ECLI:EU:C:2007:158
62006CO0188
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(Case C‑188/06 P)
Appeals – Concentrations between undertakings – Electricity distribution market – Decisions to initiate and close proceedings
1. Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 28)
2. Appeals – Grounds – Error of law pleaded not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 55, 78)
3. Appeals – Pleas in law – Plea against a ground of the judgment not necessary to support its operative part – Plea inoperative (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 64, 80)
4. Competition – Concentrations – Examination by the Commission – Decision to open the detailed examination stage (Council Regulation No 4064/89, Art. 6(1)(c)) (see para. 72)
Re:
Appeal brought against the Order of the Court of First Instance (Fourth Chamber) of 31 January 2006 in Case T-48/03 Schneider Electric v Commission, rejecting as inadmissible an application for annulment of the Commission’s Decision of 4 December 2002 to initiate a detailed examination of the concentration between Schneider and Legrand (Case COMP/M.2283 – Schneider/Legrand II) and of the Commission’s Decision of 13 December 2002 to close the proceedings examining the concentration.
Operative part:
The appeal is dismissed.
Schneider Electric SA is ordered to pay the costs.