CASE COMMENTS: MERGER - COMMUNITY LAW - NON‑CONTRACTUAL LIABILITY OF THE COMMUNITY(YES)

Merger review - Breach of EC law - Compensation: The ECJ rules that a grave and manifest failure by the European Commission when reviewing a merger may constitutes a sufficiently serious breach of Community law to confer a right to compensation of the loss (Schneider Electric)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 19 July 2009, Commission v Schneider Electric SA, Case C-440/07 P The Schneider/Legrand merger will have given the European Commission a lot of trouble. This time it's over: the Court has whistled the end of the game. But there were so many twists and turns before it came to this! All in all, the Commission must be satisfied with the Court of Justice's ruling of 16 July this year. The Court partially annulled the Court's judgment in so far as it had held that the Commission's infringement of Schneider's rights of defence during the initial examination of the Schneider/Legrand merger was the direct cause of the damage suffered by Schneider as a

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Jean-Mathieu Cot, Alice Blanchet, Merger review - Breach of EC law - Compensation: The ECJ rules that a grave and manifest failure by the European Commission when reviewing a merger may constitutes a sufficiently serious breach of Community law to confer a right to compensation of the loss (Schneider Electric), 19 July 2009, Concurrences N° 4-2009, Art. N° 29205, pp. 131-132

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