CASE COMMENT : EC PROCEDURE - INTERIM MEASURES - URGENCY - MERGER CONTROL

Merger - Interim measures: The CFI rules that the possibility for a shareholder to exercise its voting rights acquired in the course of a failed bid, in a manner detrimental to the interest of the target company, does not justify the granting of emergency relief (Aer Lingus)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI (Pres. Order), 18 March 2008, Aer Lingus v. Commission, Case T-411/07 R Referral orders in merger control are rare. The one issued following the proposed Ryanair/Aer Lingus merger calls for several observations. After the failure of its takeover bid following the prohibition decision taken by the Commission in June 2007[, Decision C(2007) 3104, which is the subject-matter of the action in Case T-342/07], Ryanair remained in possession of 29,4 % of the capital of Aer Lingus. Aer Lingus sought to use Regulation 139/2004 in order to dispose of this minority shareholder. In the course of the procedure, Aer Lingus thus requested the Commission to use its

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Merger - Interim measures: The CFI rules that the possibility for a shareholder to exercise its voting rights acquired in the course of a failed bid, in a manner detrimental to the interest of the target company, does not justify the granting of emergency relief (Aer Lingus), 18 March 2008, Concurrences N° 2-2008, Art. N° 16771, p. 155

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