Case C-13/03 P

Commission of the European Communities

v

Tetra Laval BV

(Appeal – Competition – Regulation (EEC) No 4064/89 – Judgment holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of an earlier decision declaring a merger incompatible with the common market)

Opinion of Advocate General Tizzano delivered on 25 May 2004

Judgment of the Court (Grand Chamber), 15 February 2005

Summary of the Judgment

Appeals – Purpose – Annulment of a judgment of the Court of First Instance holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of the decision declaring the merger between the undertakings concerned to be incompatible with the common market – Appeal devoid of purpose by reason of the dismissal of the appeal against the judgment holding the decision of incompatibility to be unlawful – No need to adjudicate

(EC Statute of the Court of Justice, Art. 49)

JUDGMENT OF THE COURT (Grand Chamber) 15 February 2005 (1)

(Appeal – Competition – Regulation (EEC) No 4064/89 – Judgment holding that a decision ordering a separation of undertakings is illegal as a result of the illegality of an earlier decision declaring a merger incompatible with the common market)

In Case C-13/03 P, APPEAL under Article 49 of the EC Statute of the Court of Justice lodged on 8 January 2003,

appellant,

the other party to the proceedings being:

applicant at first instance,

THE COURT (Grand Chamber),,

composed of P. Jann, President of the First Chamber, acting for the President, C.W.A. Timmermans and A. Rosas (Rapporteur), Presidents of Chambers, C. Gulmann, J.-P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: A. Tizzano,

having regard to the written procedure and further to the hearing on

after hearing the Opinion of the Advocate General at the sitting on 25 May 2004,

gives the following

‘3.

4.Arguments of the parties

Findings of the Court

On those grounds, the Court (Grand Chamber) hereby:

[Signatures]