Judgment of the Court of First Instance (Fifth Chamber) of 3 April 2003. Petrolessence SA and Société de gestion de restauration Routière SA (SG2R) v Commission of the European Communities. Competition - Regulation (EEC) No 4064/89 - Decision declaring a merger compatible with the common market - Petroleum sector - Commitments - Decision refusing approval of transferees - Inadmissibility - Definitive binding act - Infringement of essential procedural requirements - Procedural time-limits for reply - Error of assessment. Case T-342/00.

«(Competition – Regulation (EEC) No 4064/89 – Decision declaring a merger compatible with the common market – Petroleum sector – Commitments – Decision refusing approval of transferees – Inadmissibility – Definitive binding act – Infringement of essential procedural requirements – Procedural time-limits for reply – Error of assessment)»

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)3 April 2003 (1)

((Competition – Regulation (EEC) No 4064/89 – Decision declaring a merger compatible with the common market – Petroleum sector – Commitments – Decision refusing approval of transferees – Inadmissibility – Definitive binding act – Infringement of essential procedural requirements – Procedural time-limits for reply – Error of assessment))

applicants,

v

defendant,

intervener,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber),

having regard to the written procedure and further to the hearing on 11 April 2002,

gives the following

On those grounds,

THE COURT OF FIRST INSTANCE (Fifth Chamber)

Cooke

García-Valdecasas

Lindh

H. Jung R. García-Valdecasas

Registrar

President