Ter Lembeek International NV v Commission of the European Communities (T-217/02)

Judgment of 23 Nov 2006

law://eu/cjeu/2002/t-217-02/para_126@2026-11-14

126The Commission should therefore have considered the factual context fully rather than analysing the facts in isolation and should have taken as a basis the economic reality without limiting its analysis to the formal legal aspects, as the Court of Justice held in relation to determining the value of shares in Joined Cases C-329/93, C-62/95 and C-63/95 Germany and Others v Commission [1996] ECR I-5151, paragraph 36. According to the applicant, the Commission's approach is restrictive since it is confined to the nominal value of the shares which the applicant was forced to acquire, to the exclusion of any other factor.

Ter Lembeek International NV v Commission of the European Communities (T-217/02)

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