Elf Atochem SA v Commission of the European Communities. (Competition) [1997] EUECJ T-9/97 (9 June 1997)
Reports drawn up by Commission officials during an investigation are not actionable measures under Article 173 EC Treaty because they do not produce binding legal effects or bring about a significant change in the applicant's legal position.
Source-derived case information.
- Citation
- [1997] EUECJ T-9/97
- Parties
- Applicant: Elf Atochem SA; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Order on Admissibility
- Outcome
- inadmissible
- Legal Topics
- Action for Annulment, Actionable Measures, Binding Legal Effects, Preparatory Documents, Investigations
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elf Atochem SA
Applicant
Commission of the European Communities
Respondent
Procedural Posture
Action for Annulment / Order on Admissibility
Legal Issues
- 1 Whether reports drawn up by Commission officials during an investigation constitute actionable measures under Article 173 EC Treaty
Ratio Decidendi
Reports drawn up by Commission officials during an investigation are not actionable measures under Article 173 EC Treaty because they do not produce binding legal effects or bring about a significant change in the applicant's legal position.
Court Disposition
inadmissible
Orders
- The action for annulment is dismissed as inadmissible.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Elf Atochem SA v Commission of the European Communities. (Competition) [1997] EUECJ T-9/97 (9 June 1997) URL: https://www.bailii.org/eu/cases/EUECJ/1997/T997.html Cite as: [1997] EUECJ T-9/97 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61997B0009 Order of the Court of First Instance (First Chamber)of 9 June 1997. Elf Atochem SA v Commission of the European Communities. Competition - Administrative procedure - Investigations - Reports drawn up following an investigation - Action for annulmen - Actionable measures - Inadmissibility. Case T-9/97. European Court reports 1997 Page II-00909 Actions for annulment - Actionable measures - Definition - Measures producing binding legal effects - Documents drawn up by the Commission's officials in the course of an investigation - Preparatory documents (EC Treaty, Art. 173; Council Regulation No 17, Arts 3(1), 11 and 14) Acts or decisions against which an action for annulment may be brought under Article 173 of the Treaty are measures which produce binding legal effects capable of affecting the interests of the applicant by bringing about a significant change in its legal position. In the case of acts or decisions adopted by a procedure involving several stages, an act is in principle challengeable only if it is a measure definitively laying down the position of the institution on the conclusion of that procedure, and not an intermediate step intended to pave the way for the final decision. Documents, referred to as reports, drawn up by the Commission's officials during an investigation into an undertaking under Article 14(2)of Regulation No 17 and containing a summary of what was said by that undertaking's representatives in the course of the investigation, cannot be regarded as actionable measures in so far as they cannot be considered to affect the undertaking's legal position immediately and irreversibly. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1997/T997.html