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Case T-145/06: Judgment of the Court of First Instance of 4 February 2009 — Omya v Commission (Competition — Concentrations — Request for information — Article 11(3) of Regulation (EC) No 139/2004 — Need for the information requested — Proportionality — Reasonable time — Misuse of powers — Breach of the principle of legitimate expectation)
ECLI:EU:UNKNOWN:62006TA0145
62006TA0145
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21.3.2009
Official Journal of the European Union
C 69/35
(Case T-145/06)(Competition - Concentrations - Request for information - Article 11(3) of Regulation (EC) No 139/2004 - Need for the information requested - Proportionality - Reasonable time - Misuse of powers - Breach of the principle of legitimate expectation)
(2009/C 69/81)
Language of the case: English
Parties
Applicant: Omya AG (Oftringen, Switzerland) (represented by: C. Ahlborn, C. Berg, Solicitors, C. Pinto Correia, lawyer, and J. Flynn QC)
Defendant: Commission of the European Communities (represented initially by V. Di Bucci, X. Lewis, R. Sauer, A. Whelan and F. Amato, and subsequently by V. Di Bucci, X Lewis, R. Sauer and A. Whelan, Agents)
Re:
Application for the annulment of the Commission's decision of 8 March 2006 adopted pursuant to Article 11(3) of Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and requesting the correction of the information communicated in the context of the examination of (Case COMP/M. 3796 Omya v J.M. Huber PCC)
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Omya AG to pay the costs.
(1) OJ C 165, 15.7.2006.