Judgment_paragraph 35 · Polwax S.A. v European Commission (T-585/20)

35Rather than seeking to prove the veracity of certain factual claims, the purpose of such a request is, in reality, to re-examine the assessments in the contested decision relating to the compliance of the proposed concentration with Article 2(1) to (3) of Regulation No 139/2004. Therefore, it goes beyond the scope of a measure of inquiry within the meaning of Article 91 of the Rules of Procedure, with the result that the Court would exceed its jurisdiction by adopting such a measure (see, to that effect and by analogy, judgment of 12 September 2013, Besselink v Council, T‑331/11, not published, EU:T:2013:419, paragraphs 24 and 25).

Polwax S.A. v European Commission (T-585/20)

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