Judgment of the Court of First Instance of 11 July 2007 - Schneider Electric v Commission
(Non-contractual liability of the Community - Loss sustained by an undertaking as a result of a sufficiently serious breach of Community law vitiating the control procedure relating to a merger's compatibility with the common market)
Language of the case: French
Parties
Applicant: Schneider Electric SA (Rueil-Malmaison - France) (represented by: A. Winckler and M. Pittie, lawyers)
Defendant: Commission of the European Communities (represented by: initially by P. Oliver, É. Gippini Fournier and C. Ingen-Housz, and subsequently by P. Oliver, O. Beynet and R. Lyal, then by P. Oliver, R. Lyal and F. Arbault, Agents)
Intervener in support of the applicant: French Republic (represented by: G. de Bergues, Agent)
Intervener in support of the defendant: Federal Republic of Germany (represented by: W.-D. Plessing and M. Lumma, Agents)
Re:
Action seeking compensation for the loss allegedly suffered by the applicant as a result of illegality vitiating the control procedure relating to compatibility with the common market of the merger between Schneider Electric SA and Legrand SA.
Operative part of the judgment
The Court:
Orders the European Community to make good, first, the expenses incurred by Schneider Electric SA in respect of its participation in the resumed merger control procedure which followed delivery of the judgments of the Court of First Instance on 22 October 2002 in Cases T-310/01 and T-77/02 Schneider Electric v Commission and, second, two thirds of the loss sustained by Schneider Electric as a result of the reduction in the price of divestiture of Legrand SA which Schneider Electric had to concede to the transferee in exchange for the postponement of the effective date of sale of Legrand until 10 December 2002;
Dismisses the action as to the remainder;
Orders the parties to communicate to the Court, within the period of three months from 11 July 2007, the amount representing the first head of loss, jointly agreed in accordance with the procedure set out in paragraph 320 of this judgment;
Failing such agreement, orders the parties to submit to the Court, within the same period, their proposed figures;
Orders that the amount of the second head of loss of Schneider Electric referred to in paragraph 1 above shall be assessed by an expert;
Invites Schneider Electric and the Commission to nominate the expert or to propose to the Court a list of experts so that one may be appointed by the Court from that list;
Instructs the Registrar of the Court to transmit to the expert for the purposes of his examination a certified copy of Annexes 8 and 29 to the application;
Declares that the expert shall be invited to submit his report within a period of time to be determined;
Instructs the Registrar of the Court to serve the report on the parties;
Declares that the compensation shall be re-assessed and increased to take account of interest in accordance with the criteria defined in paragraphs 345 and 346 of this judgement;
Reserves the decision on costs.
____________1 - OJ C 7, 10.1.2004.