Judgment_paragraph 82 · Kaysersberg SA v Commission of the European Communities (T-290/94)

82The Commission contends that according to the case-law a failure to observe the 14-day rule is not in itself such as to vitiate a decision adopted on the basis of Regulation No 4064/89, where the invitation was sent in circumstances which enabled the Committee to give its opinion in full knowledge of the facts (Case T-69/89 RTE ν Commission [1991] ECR II-485). Moreover, where concentrations are concerned, the shortness of the periods which characterize the general scheme of Regulation No 4064/89 should be taken into account (Case T-83/92 Zunis Holding and Others ν Commission [1993] ECR II-1169, paragraph 38). The Commission states that by virtue of the last sentence of Article 19(5) of Regulation No 4064/89 it may, in exceptional cases, shorten the period of 14 days in order to avoid serious harm to one or more of the undertakings concerned by a concentration. Although not suggesting that there was a risk of serious harm to P&G, the Commission contends that it had grounds for fearing a deterioration in the situation of VPS if a rapid decision were not taken.

Kaysersberg SA v Commission of the European Communities (T-290/94)

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