Order of the General Court (Eighth Chamber) of 27 November 2017

Actions for annulmentActionable measuresMeaningMeasures producing binding legal effectsPreparatory measuresNot includedCommission decision to initiate in-depth examination of a concentration operation

(Art. 263 TFEU; Council Regulation No 139/2004, Art. 6(1)(c))

(see paras 14-22, 25)

Action for annulmentActionable measuresMeasures producing binding legal effectsAssessment of those effects by reference to the substance of the measureCommission decision declaring a notified concentration compatible with the internal marketDecision not in principle adversely affecting the applicantObligation of the General Court to examine the possible binding legal effects

(Art. 263 TFEU; Council Regulation No 139/2004, Art. 8(1))

(see paras 23, 24)

Re:

ACTION under Article 263 TFEU for the annulment of Commission Decision C(2016) 6591 final of 10 October 2016 to initiate the in-depth examination phase, pursuant to Article 6(1)(c) of Council Regulation (EC) No 139/2004, aimed at assessing the compatibility with the internal market of the acquisition of the control of Cemex Hungária Építőanyagok Kft. and Cemex Hrvatska d.d. by HeidelbergCement and Schwenk Zement KG through Duna-Dráva Cement Kft.

Operative part

The action is dismissed as inadmissible;

HeidelbergCement AG is ordered to bear its own costs and to pay those incurred by the European Commission.