The European Commission has decided to appeal the Judgment on Schneider Electric made by the European Court of First Instance (CFI). In its Judgment, the CFI found the Commission liable for damages in relation to a breach in the rights of defence of the merging parties. The Commission claims in its appeal that the breaches of the rights of defence did not constitute a sufficiently serious breach to give rise to a right to damages under Community law. The Commission has two months from the date of the Judgment in which to lodge its appeal before the European Court of Justice.