Judgment of the Court of First Instance (Third Chamber) of 19 June 2009 – Socratec v Commission

(Case T-269/03)

Competition – Concentrations – Market in road traffic telematic systems – Applicant declared insolvent in course of proceedings – No further legal interest in bringing proceedings – No need to adjudicate

Actions for annulment – Interest in bringing proceedings – Need for an actual and current interest – Action seeking annulment of a Commission decision declaring a concentration operation compatible with the common market – Action brought by a competitor of the parties to the operation put into liquidation in the course of the proceedings (Art. 230 EC) (see paras 20, 36-41, 43, 47)

Re:

Operative part

The Court:

1.Declares that there is no longer any need to adjudicate on the action;

2.Orders Socratec – Satellite Navigation Consulting, Research & Technology GmbH to bear its own costs and to pay the costs of the Commission, Daimler AG, Daimler Financial Services AG, Deutsche Telekom AG and Toll Collect GmbH;

3.Orders Qualcomm Wireless Business Solutions Europe BV to bear its own costs;

4.Orders the Federal Republic of Germany to bear its own costs.