Airtours plc v Commission of the European Communities (T-342/99)

Judgment of 6 Jun 2002

law://eu/cjeu/1999/t-342-99/para_53@2026-11-13

53Since the Decision is a measure applying Article 2 of Regulation No 4064/89 to a specific concentration, the Court must, in its review of the legality of the Decision, confine itself to the position adopted by the Commission in relation to the transaction as notified, that is to say, it must examine the way in which the law has been applied to the facts and adjudicate on the merits of the Commission's findings concerning the effects of the concentration on competition. In this case, the specific findings relating to the impact of the transaction on competition, which led the Commission to conclude that the concentration should be prohibited, are stated and developed in paragraphs 57 to 180 of the Decision and are challenged by the applicant in its third plea.

Airtours plc v Commission of the European Communities (T-342/99)

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