Van den Bergh Foods Ltd v Commission of the European Communities (T-65/98)

Judgment of 23 Oct 2003

law://eu/cjeu/1998/t-65-98/para_161@2026-11-13

161Furthermore, HB's reference to the Opinion of Advocate General Jacobs in the judgment in Bronner, is irrelevant in the present case because, as the Commission correctly submits in its pleadings, it did not claim in the contested decision that HB's freezer cabinets were an ‘essential facility’, which is the issue examined in his Opinion, and it is not necessary for HB to transfer an asset or to conclude contracts with persons which it has not selected in complying with the contested decision.

Van den Bergh Foods Ltd v Commission of the European Communities (T-65/98)

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