Order of the Court (Fifth Chamber) of 9 March 2007 – Schneider Electric v Commission

(Case C‑188/06 P)

Appeals – Concentrations between undertakings – Electricity distribution market – Decisions to initiate and close proceedings

1.                     Appeals – Grounds – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see para. 28)

2.                     Appeals – Grounds – Error of law pleaded not identified – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court, Art. 112(1)(c)) (see paras 55, 78)

3.                     Appeals – Pleas in law – Plea against a ground of the judgment not necessary to support its operative part – Plea inoperative (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 64, 80)

4.                     Competition – Concentrations – Examination by the Commission – Decision to open the detailed examination stage (Council Regulation No 4064/89, Art. 6(1)(c)) (see para. 72)

Re:

Appeal brought against the Order of the Court of First Instance (Fourth Chamber) of 31 January 2006 in Case T-48/03

Schneider Electric

v

Commission

, rejecting as inadmissible an application for annulment of the Commission’s Decision of 4 December 2002 to initiate a detailed examination of the concentration between Schneider and Legrand (Case COMP/M.2283 – Schneider/Legrand II) and of the Commission’s Decision of 13 December 2002 to close the proceedings examining the concentration.

Operative part:

The appeal is dismissed.

Schneider Electric SA is ordered to pay the costs.