Pergan Hilfsstoffe für industrielle Prozesse GmbH v Commission of the European Communities (T-474/04)

Judgment of 12 Oct 2007

law://eu/cjeu/2004/t-474-04/para_52@2026-11-13

52The Commission also considers that the non-binding information relating to the applicant in the peroxides decision, which is not formally expressed in the operative part of the decision, is not, for the purposes of the case-law (Case C-344/98 Masterfoods and HB [2000] ECR I-11369, paragraph 52), the subject of a Commission decision which the national courts must take into account in any action for damages (Joined Cases T-125/97 and T-127/97 Coca-Cola v Commission [2000] ECR II-1733, paragraph 86). In the present case, the Commission's findings in the preamble to the peroxides decision are thus capable of being the subject of an action for annulment only to the extent to which, as grounds of an act adversely affecting a person's interests, they constitute the necessary support for its operative part (Case T-138/89 NVB v Commission [1992] ECR II-2181, paragraph 31, Joined Cases T-24/93 to T-26/93 and T-28/93 Compagnie maritime beige transports and Others v Commission [1996] ECR II-1201, paragraph 150, and Case T-228/97 Irish Sugar v Commission [1999] ECR II-2969, paragraph 178). On the other hand, the information relating to infringements in the preamble, but which do not constitute such support, do not adversely affect the interests of either the parties or third parties. It follows that the Commission correctly stated, in the contested decision, that the peroxides decision is not a decision which finds that the applicant has infringed Article 81 EC and binds national courts in that respect.

Pergan Hilfsstoffe für industrielle Prozesse GmbH v Commission of the European Communities (T-474/04)

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