Order of the General Court of 7 March 2013 - Henkel and Henkel France v Commission
(Case T-64/12)
(Action for annulment - Request seeking to obtain the transmission to the French competition authority of certain documents contained in the Commission's file relating to competition proceedings concerning the European market for consumer detergents - Use in the context of national proceedings concerning the French detergents sector - Lack of interest in bringing proceedings - Inadmissibility)
Language of the case: English
Parties
Applicants: Henkel AG & Co. KGaA (Düsseldorf, Germany) and Henkel France (Boulogne-Billancourt, France) (represented by: R. Polley, T. Kuhn, F. Brunet and É. Paroche, lawyers)
Defendant: European Commission (represented by: N. Khan and P. Van Nuffel, Agents)
Re:
Application, first, for annulment of the decision allegedly contained in the Commission's letter of 7 December 2011 (Case COMP/39.579 - Consumer detergents - and Case 09/0007 F) whereby the Commission refused to act on the applicants' request seeking the transmission to the French competition authority, in the context of Case 09/0007 F concerning the French detergents sector, of several documents produced in Case COMP/39.579, and, secondly, for an order by the General Court requiring the Commission to authorise the applicants to rely on the documents at issue in the proceedings before the French competition authority or before the competent French court in the context of an appeal against the decision of the French competition authority, and for any other measure that the Court deems appropriate.
Operative part of the order
1. The action is dismissed.
2. There is no need to adjudicate on the application for leave to intervene submitted by Unilever PLC and Unilever NV.
3. Henkel AG & Co. KGaA and Henkel France shall bear their own costs and pay the costs incurred by the European Commission.
____________1 - OJ C 98, 31.3.2012.