Order of the Court of First Instance of 2 September 2009 - E.ON Ruhrgas and E.ON Földgáz Trade v Commission

(Case T-57/07) 

(Action for annulment - Competition - Concentrations - Decision declaring the concentration compatible with the common market - Commitments - Commission letters regarding the commitments - Non-actionable measures - Inadmissibility)

Language of the case: English

Parties

Applicants: E.ON Ruhrgas International AG (Essen, Germany); and E.ON Földgáz Trade Zrt (Budapest, Hungary) (represented by: G. Wiedemann and T. Lübbig, lawyers)

Defendant: Commission of the European Communities (represented by: A. Bouquet and V. Di Bucci, Agents)

Re:

APPLICATION for annulment of the decisions allegedly contained in the Commission's letters of 19 December 2006 and 16 January 2007 concerning the commitments entered into by E.ON Ruhrgas International AG referred to in Article 3 of the Commission Decision of 21 December 2005 declaring a concentration to be compatible with the common market and the EEA Agreement (Case No COMP/M.3696 - E.ON/MOL).

Operative part of the order

The Court:

Dismisses the action as inadmissible;

Orders E.ON Ruhrgas International AG and E.ON Földgáz Trade Zrt to bear their own costs and to pay those incurred by the Commission of the European Communities.

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¹ - OJ C 95, 28.4.2007.