Judgment_paragraph 302 · Marine Harvest ASA v European Commission (T-704/14)

302Although Article 4(1) of Regulation No 139/2004 lays down an obligation to act (to notify a concentration prior to its implementation) and Article 7(1) of that regulation lays down an obligation not to act (not to implement a concentration before its notification or authorisation), an infringement of the obligation to act automatically results in an infringement of the obligation not to act provided for in Article 7(1) of Regulation No 139/2004. The current legal framework is such that it is only when a concentration is put into effect that it is possible to know definitively whether an undertaking has failed to notify the concentration prior to its implementation.