On July 2, 2025, the European Court ruled in case T-289/24 regarding Brasserie Nationale Munhowen, affirming the decision of the European Commission to examine the acquisition of Boissons Heintz by Brasserie Nationale at the request of the Luxembourg competition authority.

The Court determined that the competition authority submitted its referral request to the Commission within the appropriate timeframe. It also concluded that the Commission's acceptance of the referral was justified, as Luxembourg lacks a national merger control regime. Without this review, the acquisition and its implications would not have been assessed under any merger control framework.

The background of the case dates back to February 7, 2024, when the Luxembourg competition authority requested the European Commission to review the acquisition, citing concerns that it could significantly impact competition in Luxembourg by merging the two main beverage wholesalers in the country. The authority argued that the acquisition could also hinder foreign beverage producers' access to the Luxembourg market, affecting trade between member states.

On March 15, 2024, the European Commission accepted the authority's referral and decided to examine the acquisition, instructing Brasserie Nationale to notify the operation. Subsequently, on June 3, 2024, Brasserie Nationale and its distribution subsidiary Munhowen filed an appeal against the Commission's decision to review the acquisition.

On August 30, 2024, the competition authority requested to intervene in support of the Commission's position, which sought to dismiss Brasserie Nationale's appeal. The Court's president allowed the authority to intervene, recognizing its direct interest in the case's outcome due to its significant implications for the authority's regulatory powers under Luxembourg law.