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Document 62016TO0902
Order of the General Court (Eighth Chamber) of 27 November 2017.
HeidelbergCement AG v European Commission.
Actions for annulment — Competition — Concentrations — Grey cement market in Croatia — Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not amenable to review — Preparatory act — Inadmissibility.
Case T-902/16.
Order of the General Court (Eighth Chamber) of 27 November 2017.
HeidelbergCement AG v European Commission.
Actions for annulment — Competition — Concentrations — Grey cement market in Croatia — Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not amenable to review — Preparatory act — Inadmissibility.
Case T-902/16.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Eighth Chamber) of 27 November 2017 — HeidelbergCement v Commission
(Case T‑902/16)
(Actions for annulment — Competition — Concentrations — Grey cement market in Croatia — Decision to initiate the in-depth examination phase pursuant to Article 6(1)(c) of Regulation (EC) No 139/2004 — Act not amenable to review — Preparatory act — Inadmissibility)
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Actions for annulment—Actionable measures—Meaning—Measures producing binding legal effects—Preparatory measures—Not included—Commission decision to initiate in-depth examination of a concentration operation (Art. 263 TFEU; Council Regulation No 139/2004, Art. 6(1)(c)) (see paras 14-22, 25) |
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Action for annulment—Actionable measures—Measures producing binding legal effects—Assessment of those effects by reference to the substance of the measure—Commission decision declaring a notified concentration compatible with the internal market—Decision not in principle adversely affecting the applicant—Obligation of the General Court to examine the possible binding legal effects (Art. 263 TFEU; Council Regulation No 139/2004, Art. 8(1)) (see paras 23, 24) |
Re:
ACTION under Article 263 TFEU for the annulment of Commission Decision C(2016) 6591 final of 10 October 2016 to initiate the in-depth examination phase, pursuant to Article 6(1)(c) of Council Regulation (EC) No 139/2004, aimed at assessing the compatibility with the internal market of the acquisition of the control of Cemex Hungária Építőanyagok Kft. and Cemex Hrvatska d.d. by HeidelbergCement and Schwenk Zement KG through Duna-Dráva Cement Kft.
Operative part
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The action is dismissed as inadmissible; |
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HeidelbergCement AG is ordered to bear its own costs and to pay those incurred by the European Commission. |