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European UnionEUR-Lex

ECJ upholds Article 22 review of Luxembourg drinks deal referral

Case C-572/25 P: the 15-day Article 22 clock runs only from an active file enabling a preliminary assessment, so Luxembourg's 7 February 2024 drinks-deal referral was in time.

By Taxxa AI OyPublished 8 October 2026

Legal & Corporate

On 8 October 2026 the Court of Justice (Seventh Chamber) dismissed the appeal in Case C-572/25 PEuropa, brought by Brasserie Nationale and its wholly owned subsidiary Munhowen against the General Court's judgment of 2 July 2025 (T-289/24)Europa. The General Court had upheld Commission Decision C(2024) 1788 finalEuropa of 14 March 2024 accepting the Luxembourg competition authority's (Autorité de concurrence du Grand-Duché de Luxembourg) Article 22 requestEuropa to examine Brasserie Nationale's acquisition of exclusive control of Boissons HeintzEuropa (M.11485 — Brasserie Nationale/Boissons Heintz), a wholesale drinks-distribution deal closed by press release on 31 January 2024.

The concentration had no Community dimensionEuropa and required no notification anywhere: Luxembourg has no merger-control regime, and no other Member State or EEA State required filing. The appellants argued that the Luxembourg authority had the relevant information by 10 January 2024 at the latest, so its referral request of 7 February 2024Europa came after the 15-working-day deadline in the second subparagraph of Article 22(1) of Regulation (EC) No 139/2004Europa.

The Court endorses the General Court's reading of “communication”: form and content together, an active transmission of relevant information to the competent authority of the Member State concerned containing enough for a preliminary assessment of the Article 22(1) first-subparagraph conditions — effect on trade between Member States and a threat significantly to affect competition. Mere knowledge of a deal's existence does not start the clock, because it does not enable that assessment; nor must national authorities actively hunt for information about candidate deals within a 15-day window, which would impose a considerable administrative burden and deprive the referral mechanism of practical effect.

The Court adds that the information serves the Commission too, which has ten working days from expiry of the joinder period to decide whether to take the case, confirming that the file must be sufficiently complete. A contrary reading would also offend legal certainty: the start of the period must be clearly defined, reviewable, and independent of unpredictable circumstances such as the availability of public information. Communication is not a precondition for a referral and is not a notification; the General Court explained why the two differ, a reasoning the appeal did not specifically rebut.

Applied to the facts, the Commission was entitled to treat 17 January 2024 — when third parties first supplied relevant information allowing a preliminary assessment — as the starting point, there being no proof of an earlier active transmission of the full relevant file. The second plea's timing branch falls with the interpretation branch, the appeal is dismissed in its entiretyEuropa, and the appellants bear their own costs plus those of the Commission, the Luxembourg authority and Anheuser-Busch InBev.

Legal basis: Article 22(1) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings.

Parties to sub-threshold concentrations should ensure an active transmission of a complete file enabling a preliminary assessment to the authority of the Member State concerned, so the start of the 15-day referral window is clear.

Sources