Case T-77/02

Schneider Electric SA

v

Commission of the European Communities

‛Competition — Regulation (EEC) No 4064/89 — Decision ordering separation of undertakings — Article 8(4) of Regulation No 4064/89 — Illegality of the decision declaring a concentration incompatible with the common market — Ensuing illegality of the divestiture decision’

Judgment of the Court of First Instance (First Chamber), 22 October 2002   II-4202

Summary of the Judgment

Competition — Concentrations — Decision ordering separation of undertakings — Decision having as its legal basis a decision declaring a concentration incompatible with the common market — Annulment of the incompatibility decision necessarily rendering the divestiture decision illegal

(Council Regulation No 4064/89, Art. 8(4))