Elf Atochem SA v Commission of the European Communities. (Competition) [1997] EUECJ T-9/97 (9 June 1997)

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
Competition Law Administrative Law European Union Law 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

  1. 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.