CASE COMMENT : MERGER - COMMUNITY LAW - NON-CONTRACTUAL RESPONSABILITY OF THE COMMISSION (NO)- MANIFEST AND GRAVE DISREGARD

EC non-contractual liability: The CFI holds that non-contractual liability of the European Commission can only arise in case of a manifest and grave disregard by the institutions of the limits in their discretion (MyTravel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – CFI, 9 September 2008, MyTravel v Commission, Case T-212/03 Some companies contribute more than others to the advancement of the law. Airtours' reputation among competition lawyers is linked even more to the Tribunal's criteria for defining a collective dominant position than to its qualities as a tour operator. These criteria had been laid down in a judgment which caused a great deal of controversy in 2002, when it annulled the decision prohibiting the proposed acquisition by Airtours of First Choice plc (CFI 6 June 2002, Case T-342/99). As a result of this resounding annulment of the Commission's decision, the same Airtours company, which has since

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Jean-Mathieu Cot, EC non-contractual liability: The CFI holds that non-contractual liability of the European Commission can only arise in case of a manifest and grave disregard by the institutions of the limits in their discretion (MyTravel), 9 September 2008, Concurrences N° 4-2008, Art. N° 22255, pp. 98-99

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