Case C-13/03 P
Commission of the European Communities
v
Tetra Laval BV
(Appeal – Competition – Regulation (EEC) No 4064/89 – Judgment holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of an earlier decision declaring a merger incompatible with the common market)
Opinion of Advocate General Tizzano delivered on 25 May 2004
Judgment of the Court (Grand Chamber), 15 February 2005
Summary of the Judgment
Appeals – Purpose – Annulment of a judgment of the Court of First Instance holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of the decision declaring the merger between the undertakings concerned to be incompatible with the common market – Appeal devoid of purpose by reason of the dismissal of the appeal against the judgment holding the decision of incompatibility to be unlawful – No need to adjudicate
(EC Statuteof the Courtof Justice, Art. 49)
JUDGMENT OF THE COURT (Grand Chamber)15 February 2005(1)
(Appeal – Competition – Regulation (EEC) No 4064/89 – Judgment holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of an earlier decision declaring a merger incompatible with the common market)
In Case C-13/03 P,
appellant,
applicant at first instance,
THE COURT (Grand Chamber),,
after hearing the Opinion of the Advocate General at the sitting on 25 May 2004,
gives the following