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30.11.2020 |
EN |
Official Journal of the European Union |
C 414/33 |
Judgment of the General Court of 5 October 2020 — HeidelbergCement and Schwenk Zement v Commission
(Case T-380/17) (1)
(Competition - Concentrations - Market for grey cement in Croatia - Decision declaring the concentration incompatible with the internal market and the EEA Agreement - Undertakings concerned - Relevant market - Substantial part of the internal market - Assessment of the effects of the transaction on competition - Commitments - Rights of the defence - Partial referral to the national authorities)
(2020/C 414/52)
Language of the case: English
Parties
Applicants: HeidelbergCement AG (Heidelberg, Germany) and Schwenk Zement KG (Ulm, Germany) (represented by: U. Denzel, C. von Köckritz, P. Pichler, U. Soltész, M. Raible and G. Wecker, lawyers)
Defendant: European Commission (represented by: A. Dawes, H. Leupold and T. Vecchi, acting as Agents)
Intervener in support of the applicants: Duna-Dráva Cement Kft. (Vác, Hungary) (represented by: C. Bán and Á. Papp, lawyers)
Re:
Application based on Article 263 TFEU seeking annulment of Commission decision C(2017) 1650 final of 5 April 2017 declaring a concentration incompatible with the internal market and the EEA Agreement (Case M.7878 — HeidelbergCement/Schwenk/Cemex Hungary/Cemex Croatia).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders HeidelbergCement AG and Schwenk Zement KG to bear their own costs and to pay those incurred by the European Commission; |
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3. |
Orders Duna-Dráva Cement Kft. to bear its own costs relating to the application to intervene. |