MyTravel v Commission (damages) [2008] EUECJ T-212/03

Court of First Instance judgment (about 25 pages) rejecting a claim by MyTravel (Airtours) for financial compensation following the annulment of a European Commission's decision prohibiting a merger.

The court ruled that the errors in DG Competition's analysis, whilst sufficient to invalidate that decision, did not amount to a “manifest and grave disregard for the limits on [the Commission's] discretion” and did not give rise to a right to compensation.

Footnote: MyTravel had recovered just under £0.5 million of litigation costs after the annulment action.

For further information or advice please contact Franck Latrémolière.

Filed under DG Competition, ECJ/CFI, Merger control.

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