Order of the Court of First Instance (Seventh Chamber) 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

Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Letter from an institution – Letter limited to providing an interpretation of a legislative text – Not included (Art. 230 EC) (see paras 30-51)

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

1. The action as dismissed as inadmissible.

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