20.6.2009   

EN

Official Journal of the European Union

C 141/48

—

annul the Commission’s decision of 9 January 2009 — Case COMP/39610 — Surge;

—

declare unlawful the Commission’s decision to remove four DVD-ROMs and a copy of the whole hard drive of the laptop of an employee of Nexans France, for review at its premises in Brussels at a later date;

—

annul the Commission’s decision to interview a Nexans France employee on 30 January 2009;

—

order the Commission to return to Nexans France any documents or evidence which it might have obtained pursuant to the annulled decisions, including without limitation: (a) documents outside the proper product scope of the dawn raid; (b) documents relating to electrical cable projects located outside the European Economic Area; (c) documents seized improperly from the hard drive and DVD-ROMs; and (d) statements created during or based on interviews of the Nexans France employee;

—

order the Commission to refrain from using, for the purposes of proceedings in respect of an infringement of the Community competition rules, any documents or evidence which it might have obtained pursuant to the annulled decisions;

—

order the Commission to refrain from transmitting such documents or evidence (or derivatives or information based thereon) to competition authorities in other jurisdictions;

—

order the Commission to pay the costs of the proceedings;

—

take such other or further steps as justice may require.