Order of the Court (Grand Chamber) of 9 June 2010 – Commission v Schneider Electric

(Case C‑440/07 P)

Appeal – Partial annulment of the judgment under appeal – Final judgment where the state of the proceedings so permits – Non-contractual liability of the Community – Evaluation of the loss

1. Non-contractual liability – Damage – Evaluation – Criteria – Making good of various expenses borne by an undertaking as a result of the annulment of a decision declaring a merger operation incompatible with the common market and of a decision ordering the separation of the entities merged (Art. 288, second para., EC) (see paras 41-50)

2. Procedure – Costs – Rules applicable (see paras 51-53)

Re:

Operative part:

1.Fixes the amount of the loss to be made good in point 3 of the operative part of the judgment of the Court of Justice of the European Communities of 16 July 2009 in Case C-440/07 P Commission v Schneider Electric [2009] ECR I-6413 at EUR 50 000.

2.Dismisses Schneider Electric SA’s claim relating to costs.