Case T-48/03

Schneider Electric SA

v

Commission of the European Communities

(Competition – Concentrations – Resumption of the control procedure following annulment by the Court of First Instance of a decision prohibiting a concentration – Initiation of the detailed examination phase – Abandonment of the concentration – Closure of the control procedure – Action for annulment – Acts adversely affecting the applicant – Interest in bringing the action – Inadmissibility)

Summary of the Order

Actions for annulment – Natural or legal persons – Actionable measures

(Art. 230, fourth para., EC; Council Regulation No 4064/89, Art. 6(1)(c))

If an undertaking, which obtained annulment by the Court of First Instance of the Commission decision prohibiting it from carrying out a concentration, then sells the undertaking it acquired within the period which the Commission in any event had at its disposal following that judgment within which to adopt a new decision, it cannot claim to be adversely affected either by a Commission decision, after the decision to sell the undertaking, to reopen the phase for detailed examination of the operation pursuant to Article 6(1)(c) of Regulation No 4064/89, or by a subsequent decision by the Commission formally to close the procedure as having become devoid of purpose.

(see paras 61, 67, 72-74, 84, 96-97, 101)