Case C- 84/13 P Electrabel v Commission (failure to notify) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Case C- 84/13 P Electrabel v Commission (failure to notify) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

Case C- 84/13 P Electrabel v Commission (failure to notify) [Archived]

CASE HUB

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 3 July 2014; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

OutlineAppeal brought by Electrabel SA against the judgment of the General Court upholding the Commission decision of 10 June 2009 that imposed a fine on Electrabel SA for implementing a Community dimension 'concentration' in breach of the EU Merger Regulation's ‘stand-still obligation’—ie by acquiring de facto sole control of Compagnie Nationale du Rhône in December 2003 without first obtaining clearance from the Commission.

This case focuses on the notification and stand-still obligations under the EU Merger Regulation and how failure to comply with these requirements brings with it the risk of substantial financial penalties.

PartiesAppellant: Electrabel SA (Electrabel)

Other party: European Commission

Electrabel is a Belgian company active in the production, sale, trading and operational management of networks in the electricity and natural gas sectors. At the material time it was part of the Suez group, an industrial group active in the management of public utility services as a partner of local authorities, undertakings and individuals in the electricity, gas, energy services, water and public health sectors. Since 22 July 2008 it has formed part of the GDF Suez

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