27.2.2017   

EN

Official Journal of the European Union

C 63/33

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annul the contested decision;

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order the Commission to pay the applicant’s costs.

1.

First plea in law, alleging infringement of Article 1 of Regulation (EC) No 139/2004, (1) read, as appropriate, in conjunction with Paragraph 147 of the Commission Consolidated Jurisdictional Notice under Regulation (EC) No 139/2004 (‘the Consolidated Jurisdictional Notice’)

In the context of the first plea in law, the applicant submits that the examination of the contested concentration does not come within the Commission’s competence. Had the applicant, correctly, not been regarded as a participating undertaking, the turnover thresholds indicated in Article 1 of Regulation (EC) No 139/2004 would not have been met.

2.

Second plea in law, alleging a failure to state reasons

The applicant claims, in this regard, that, although the Commission did refer to the existence of the exceptional case in Paragraph 147 of the Consolidated Jurisdictional Notice, it failed to prove that the conditions actually existed for such an exceptional case.