The EU Court of First Instance upholds the Commission’s decision imposing fines on a trade association operating a price-fixing system whereby its members were obliged to charge recommended rates for the hiring of mobile cranes (SCK / FNK)

Joined Cases T-213/95 and T-18/96 Stichting Certificatie Kraanverhuurbedrijf (SCK) and Federatie van Nederlandse Kraanverhuurbedrijven (FNK) v Commission of the European Communities* 1. The Community's liability under the second paragraph of Article 215 of the EC Treaty is dependent on the concurrent presence of a number of conditions as to the unlawfulness of the acts alleged against the Community institution concerned, the fact of damage and the existence of a causal link between the conduct of the institution and the damage complained of. There is a causal link for the purposes of the second paragraph of Article 215 of the Treaty where there is a direct causal link between the fault committed by the institution concerned and the injury pleaded, the burden of proving which falls on