Judgment_paragraph 55 · Polskie Linie Lotnicze "LOT" SA v European Commission (T-296/18)

55In that regard, it should be noted that the legality of a decision on the compatibility of a concentration with the internal market is to be assessed in the light of the information available to the Commission when the decision was adopted (see, to that effect, judgments of 4 July 2006, easyJet v Commission, T‑177/04, EU:T:2006:187, paragraph 203, and of 9 July 2007, Sun Chemical Group and Others v Commission, T‑282/06, EU:T:2007:203, paragraph 179). Accordingly, the appraisal by the Commission of the compatibility of a concentration with the internal market must be carried out on the basis of the matters of fact and law existing at the time of notification of that transaction, the economic implications of which can be assessed at the time when the decision is adopted (see, to that effect, judgments of 19 May 1994, Air France v Commission, T‑2/93, EU:T:1994:55, paragraph 70, and of 13 September 2010, Editions Jacob v Commission, T‑279/04, not published, EU:T:2010:384, paragraph 327).

Polskie Linie Lotnicze "LOT" SA v European Commission (T-296/18)

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