Order of the General Court (Second Chamber) of 1 September 2011 – Communauté de communes de Lacq v Commission

(Case T-132/10)

Non-contractual liability – Concentration – Commission decision declaring compatible the concentration operation for the acquisition of control of Acetex Corp by Celanese Corp. – No undertaking by Celanese to continue the operation of the factory in Pardies (France) – No breach of a rule of law by the Commission – Action manifestly lacking any foundation in law

1.                     Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law (Art. 340 TFEU) (see paras 19-21)

2.                     Competition – Concentrations – Examination by the Commission – Commitments by the undertakings concerned to render the notified transaction compatible with the common market – Undertakings given in the context of the Commission’s initial investigation, but not referred to in the Commission’s final decision at the conclusion of the in-depth investigation – Obligation on the Commission to compel the undertakings concerned to comply with such undertakings – None (Council Regulation No 139/2004, Arts 6(2) and 8(2)) (see paras 23-25, 28)

3.                     European Union law – Principles – Protection of legitimate expectations – Conditions (see para. 32)

Re:

ACTION for compensation for various kinds of harm allegedly suffered by the Communauté de communes de Lacq by reason of unlawfulness and deficiency of the Commission’s behaviour following the concentration operation involving the acquisition of control of Acetex Corp. situated in Pardies (France) by Celanese Corp.

Operative part

1. The action is dismissed as partially devoid of legal foundation and partially manifestly inadmissible.

2. The Communauté de communes de Lacq is ordered to pay the costs.