Notice for the OJ
JUDGMENT OF THE COURT OF FIRST INSTANCE
3 April 2003
in Case T-119/02: Royal Philips Electronics NV v Commission of the European Communities(1) (Competition ( Concentrations ( Admissibility ( Commitments in the course of the first phase of examination ( Serious doubts as to compatibility with the common market ( Partial referral to national
authorities)
(Language of the case: English)
In Case T-119/02, Royal Philips Electronics NV, established at Eindhoven (Netherlands), represented by E.H. Pijnacker Hordijk and N.G. Cronstedt, lawyers, supported by De_Longhi SpA, established in Treviso (Italy), represented by M. Merola, I. van Schendel, G. Crichlow and D.P. Domenicucci, lawyers, v Commission of the European Communities (Agents: V. Superti, K. Wiedner and J.E. Flynn), supported by SEB SA, established in Écully (France), represented by D. Voillemot and S. Hautbourg, lawyers, and by French Republic (Agents: G. de Bergues and F. Million): Application for annulment of, first, the Commission's decision SG(2002)D/228078 of 8 January 2002, based on Article 6(1)(b) and Article 6(2) of Regulation No 4064/89 and Article 57 of the Agreement on the European Economic Area, not to oppose the concentration between SEB and Moulinex and to declare it compatible with the common market and with the Agreement on the European Economic Area, subject to compliance with the proposed commitments (Case COMP/M.2621 ( SEB/Moulinex) and, second, the Commission's decision C(2002)38, of 8 January 2002, adopted on the basis of Article 9(2)(a) of Regulation No 4064/89, referring part of the examination of that concentration to the French authorities, the Court of First Instance(Third Chamber), composed of: K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, for the Registrar, has given a judgment on 3 April 2003, in which it:
1.Dismisses the application;
2.Orders the applicant to bear its own costs and to pay those incurred by the Commission and SEB;
3.Orders De'Longhi to bear its own costs;
4.Orders the French Republic to bear its own costs.
____________1 - OJ C 169 of 13.7.2002