Judgment of the Court of First Instance of 9 September 2008 - MyTravel v Commission
(Non-contractual liability of the Community - Competition - Decision declaring a concentration incompatible with the common market - Annulment of the decision by a judgment of the Court of First Instance - Sufficiently serious breach of a rule of law intended to confer rights on individuals)
Language of the case: English
Parties
Applicant: MyTravel Group plc (Rochdale, Lancashire, United Kingdom) (represented by: D. Pannick, QC, M. Nicholson and S. Cardell, Solicitors, A. Lewis, Barrister, and R. Gillis, QC)
Defendant: Commission of the European Communities (represented by: initially by R. Lyal, A. Whelan and P. Hellström, and subsequently by R. Lyal and F. Arbault, Agents)
Intervener in support of the defendant: Federal Republic of Germany (represented by: W.-D. Plessing and M. Lumma, Agents)
Re:
APPLICATION for damages for the loss allegedly suffered by the applicant by reason of the unlawfulness of the proceedings for determining whether the concentration between the applicant and First Choice plc was compatible with the common market.
Operative part of the judgment
The Court:
Dismisses the action;
Orders MyTravel Group plc to bear its own costs;
Orders the Commission to bear its own costs;
Orders the Federal Republic of Germany to bear its own costs.
____________1 - OJ C 200, 23.8.2003.