Judgment of the Court of First Instance (Third Chamber) of 19 June 2009 – Socratec v Commission
(Case T-269/03)
Competition – Concentrations – Market in road traffic telematic systems – Applicant declared insolvent in course of proceedings – No further legal interest in bringing proceedings – No need to adjudicate
Actions for annulment – Interest in bringing proceedings – Need for an actual and current interest – Action seeking annulment of a Commission decision declaring a concentration operation compatible with the common market – Action brought by a competitor of the parties to the operation put into liquidation in the course of the proceedings (Art. 230 EC) (see paras 20, 36-41, 43, 47)
Re:
ANNULMENT of Commission Decision 2003/792/EC of 30 April 2003 declaring a concentration to be compatible with the common market and with the EEA Agreement (Case COMP/M.2903 – DaimlerChrysler/Deutsche Telekom Joint Venture) (OJ 2003 L 300, p. 62).
Operative part
The Court:
1.
Declares that there is no longer any need to adjudicate on the action;
2.
Orders Socratec – Satellite Navigation Consulting, Research & Technology GmbH to bear its own costs and to pay the costs of the Commission, Daimler AG, Daimler Financial Services AG, Deutsche Telekom AG and Toll Collect GmbH;
3.
Orders Qualcomm Wireless Business Solutions Europe BV to bear its own costs;
4.
Orders the Federal Republic of Germany to bear its own costs.
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