Court of Justice 25 May 2004, C-12/03 P (Commission of the European Communities v Tetra Laval BV.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. The subject-matter of this case is an appeal brought by the European Commission against the judgment of the Court of First Instance of 23 October 2002 in Case T-5/02 Tetra Laval v Commission [2002] ECR II-4381 which annulled ‘Commission Decision C(2001) 3345 final of 30 October 2001 declaring a concentration to be incompatible