Competition - Regulation (EEC) No 4064/89 - Decision declaring a merger compatible with the common market - Petroleum sector - Commitments - Decision refusing approval of transferees - Inadmissibility - Definitive binding act - Infringement of essential procedural requirements - Procedural time-limits for reply - Error of assessment.

«(Competition – Regulation (EEC) No 4064/89 – Decision declaring a merger compatible with the common market – Petroleum sector – Commitments – Decision refusing approval of transferees – Inadmissibility – Definitive binding act – Infringement of essential procedural requirements – Procedural time-limits for reply – Error of assessment)» Summary of the Judgment 1.. Actions for annulment – Actionable measures – Measures producing binding legal effects – Assessment in the light of the substance of the measure – Merger between two undertakings approved by the Commission on condition that assets be transferred to third parties to be approved by it – Right of candidate transferee to bring an action against the refusal by the Commission to approve him (Art. 230 EC) 2.. Competition – Concentrations between undertakings – Investigation by the Commission – Assessments of an economic nature – Discretion – Judicial review – Limits (Council Regulation No 4064/89, Art. 2) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)3 April 2003 (1) ((Competition – Regulation (EEC) No 4064/89 – Decision declaring a merger compatible with the common market – Petroleum sector – Commitments – Decision refusing approval of transferees – Inadmissibility – Definitive binding act – Infringement of essential procedural requirements – Procedural time-limits for reply – Error of assessment)) applicants, v defendant, intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 11 April 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) Cooke García-Valdecasas Lindh H. Jung R. García-Valdecasas Registrar President 1 – Language of the case: French.