Order of the General Court (Fourth Chamber) of 16 June 2010 – Biocaps v Commission

(Case T-24/09)

Competition – Administrative procedure – Decision ordering an inspection – Article 20(4) of Regulation (EC) No 1/2003 – Existence of the addressee of the decision – Action manifestly unfounded in law

1.                     Competition – Administrative procedure – Decision ordering an inspection – Addressee (Council Regulation No 1/2003, Art. 20(4)) (see paras 25-26)

2.                     Competition – Administrative procedure – Commission’s power of inspection – Decision ordering a legal person and the entities controlled by it to submit to an inspection – Scope (Council Regulation No 1/2003, Art. 20(4)) (see para. 32)

Re:

APPLICATION for annulment of Commission Decision C(2008) 6524 of 29 October 2008, in Case COMP/39510, ordering Laboratoire Champagnat Desmoulins Philippakis, and all of the entities controlled directly or indirectly by it, to submit to an inspection pursuant to Article 20(4) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2002 L 1, p. 1).

Operative part

1. The action is dismissed as manifestly unfounded in law.

2. Biocaps is ordered to bear its own costs and those incurred by the European Commission.