The EU Court of First Instance states that the Commission cannot have the power to issue orders to bring to an end an infringement and cannot order a car manufacturer to supply a competitor (Automec)
Case T-24/90
Automec srl v Commission of the European Communities*
1. Among the civil-law consequences which an infringement of the prohibition laid down in Article 85(1) of the Treaty may have, only one is expressly provided for in Article 85(2), namely the nullity of the agreement. The other consequences attaching to an infringement of Article 85 of the Treaty, such as the obligation to make good the damage caused to a third party or a possible obligation to enter into a contract are to be determined under national law. It is therefore the national courts which, where appropriate, may, in accordance with the rules of national law, order
Access to this article is restricted to subscribers
Already Subscribed? Sign-in