In a ruling of 9 June 2009  , the Paris Court of Appeal (the “Court of Appeal”) dismissed an appeal brought by the company Vedettes Inter-iles vendéennes (“VIIV”) against the French Competition Council (the “Council”) decision dated 23 December 2004 . The period of 5 years between the decision and the judgment is due to the fact that the Paris Court of Appeal initially upheld the Council's decision in 2005 following a first appeal  but that this judgment was subsequently overturned by the French supreme court (“Cour de cassation”)  in 2008, referring the case back to the Paris Court of Appeal. The appealed decision followed a complaint filed by VIIV in 2001. The latter contended that the Régie départementale des passages d'eau de la Vendée (“RDPEV”) was using its dominant
The Paris Court of Appeal holds that the definition of the relevant market requires a specific assessment in cases involving a company providing a service of general economic interest (Vedettes inter-îles vendéennes)
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