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Case T-539/19: Order of the General Court of 10 October 2023 — Les Mousquetaires and ITM Entreprises v Commission (Competition — Agreements, decisions and concerted practices — Commission decision ordering an inspection — Withdrawal of the contested measure — Action which has become devoid of purpose — No need to adjudicate)

ECLI:EU:UNKNOWN:62019TB0539

62019TB0539

October 10, 2023
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Official Journal of the European Union

Series C

C/2024/431

(Case T-539/19) (<span class="oj-super oj-note-tag">1</span>)

(Competition - Agreements, decisions and concerted practices - Commission decision ordering an inspection - Withdrawal of the contested measure - Action which has become devoid of purpose - No need to adjudicate)

(C/2024/431)

Language of the case: French

Parties

Applicants: Les Mousquetaires (Paris, France), ITM Entreprises (Paris) (represented by: N. Jalabert-Doury, K. Mebarek and B. Chemama, lawyers)

Defendant: European Commission (represented by: P. Berghe and I. Rogalski, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: O. Segnana and A.-L. Meyer, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of, first, Commission Decision C(2019) 3762 final of 13 May 2019, ordering Mousquetaires and all companies directly or indirectly controlled by them to submit to an inspection in accordance with Article 20(1) and (4) of Council Regulation (EC) No 1/2003 (AT.40466 — Tute 1), and, secondly, several decisions adopted by the European Commission, including one dated 18 June 2019, to continue the inspection.

Operative part of the order

1.There is no longer any need to adjudicate on the action.

2.The European Commission is ordered to bear its own costs and to pay those incurred by Les Mousquetaires and ITM Entreprises.

3.The Council of the European Union shall bear its own costs.

(<span class="oj-super">1</span>) OJ C 328, 30.9.2019.

ELI: http://data.europa.eu/eli/C/2024/431/oj

ISSN 1977-091X (electronic edition)

END

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