European Court of Justice

The Court of Justice dismisses the appeals brought against the judgments of the General Court upholding the classification of the Spanish tax rules on the amortisation of financial goodwill as State aid incompatible with the internal market* In 2007, after a number of written questions had (...)

The Commission must re-examine whether the sale of the Nürburgring in 2014 entailed a grant of State aid* In the same year, it wrongly ruled out the presence of doubts as to the possible existence of an advantage conferred on the buyer and decided not to open a formal investigation procedure (...)

Advocate General Bobek proposes a unified test for the protection against double jeopardy (ne bis in idem) under the EU Charter of Fundamental Rights* That test should rely on a threefold identity: of the offender; of the relevant facts; and of the protected legal interest A Belgian and an (...)

According to Advocate General Szpunar, the General Court erred in law in concluding that the Commission was not competent to examine, in the light of the law on State aid, compensation paid by Romania following an arbitral award* Arbitration proceedings initiated on the basis of a bilateral (...)

Greece has failed to fulfil its obligations by failing to recover unlawful aid paid to Greek farmers as compensation for adverse weather conditions* In 2009, the Greek Agricultural Insurance Organisation (ELGA) – a public body the purpose of which is to insure agricultural holdings against (...)

According to Advocate General Pitruzzella, a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company in a case where the Commission has imposed a fine solely on that parent company* For that to be the case, the (...)

The Court of Justice dismisses the appeals lodged by Slovak Telekom and Deutsche Telekom against the judgments of the General Court relating to anticompetitive practices on the Slovak telecommunications market* The fine of € 38 061 963, for which those two companies were found jointly and (...)

The Court of Justice dismisses the appeals of a number of manufacturers of medicines involved in an agreement seeking to delay the marketing of the genericantidepressant citalopram* The European Commission had imposed on them fines of almost € 150 million From the late 1970’s, the Danish (...)

The Court of Justice sets aside the judgment of the General Court by which the Commission’s decision classifying as State aid the tax scheme of four Spanish professional football clubs had been annulled* The action which had been brought by Fútbol Club Barcelona against that decision is (...)

The Court of Justice dismisses the appeal brought by the Commission against the judgment of the General Court concerning the measures adopted by a consortium of Italian banks to support one of its members* The General Court rightly found that those measures do not constitute State aid because (...)

The deferral of the payment of taxes introduced by France to support airlines which hold a French licence amid the Covid-19 pandemic is consistent with EU law* That aid scheme is appropriate for making good the economic damage caused by the Covid-19 pandemic and does not constitute (...)

The loan guarantee scheme put in place by Sweden to support airlines holding a Swedish operating licence amid the Covid-19 pandemic and intended to remedy the serious disturbance to the economy of that Member State is compatible with EU law* The scheme at issue is presumed to have been adopted (...)

The Court of Justice annuls a Commission decision making binding the commitments offered by a company in order to preserve competition on the markets* The fact that it is possible, for the contracting partners of a company which has made commitments not to comply with certain contractual (...)

Tax rulings: According to Advocate General Kokott, the Commission was right to consider that the Belgian practice of making downward adjustments to profits of undertakings forming part of multinational groups constituted an aid scheme* The judgment of the General Court of the European Union to (...)

A hotel using the platform Booking.com may, in principle, bring proceedings against Booking.com before a court of the Member State in which that hotel is established in order to bring to an end a possible abuse of a dominant position* Even though the practices which are thus the subject of (...)

According to Advocate General Tanchev, the Court should dismiss the appeal of the Commission against the judgment of the General Court on support measures adopted by an Italian consortium of banks for the benefit of one of its members* The General Court was right in considering that those (...)

According to Advocate General Kokott, the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe EU State aid rules* State aid rules do not preclude taxation of turnover of undertakings at a progressive rate Following the international trend, Poland and Hungary (...)

The Court of Justice confirms the Commission decision approving United Kingdom aid for Hinkley Point C nuclear power station* By decision of 8 October 2014, the European Commission approved aid which the United Kingdom is planning for Hinkley Point C nuclear power station, located in Somerset, (...)

Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid* The Commission erred in law in considering that the (...)

The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid* The General Court’s judgment upholding an action brought against that decision is set aside By its (...)

Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

The Court confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product* An objection to such access must explain the nature, purpose and scope of the data whose disclosure would undermine commercial interests In the judgments (...)

The Court of Justice upholds the judgments of the General Court and the Commission’s decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors* The review carried out by the General Court in respect of Commission decisions imposing fines in competition (...)

Competition: Commission welcomes Court of Justice judgment in specialty graphite cartel case The European Commission welcomes today’s judgment by the European Court of Justice (case C-328/05) dismissing the action by the German specialty graphite producer SGL Carbon AG against the judgment of (...)

THE COURT UPHOLDS THE JUDGMENT OF THE COURT OF FIRST INSTANCE PENALISING A CARTEL OF STEEL TUBES PRODUCERS* The producers did not prove that the Court of First Instance made errors of law in its judgment By decision of 8 December 1999 , the European Commission ordered eight undertakings (four (...)

Re: ACTION for annulment, firstly, of the annex to Commission Regulation (EC) No 1434/1999 of 30 June 1999 establishing the sugar forecast supply balance for the 1999/2000 marketing year for the Azores, Madeira and the Canary Islands provided for in Council Regulations (EEC) No 1600/92 and (...)

The Court of Justice upholds in substance the judgment delivered by the Court of First Instance in 2000 concerning the Cement Cartel Anti-competitive practices and agreements constitute economic infringements designed to maximise the profits of the participating undertakings. The harmful (...)

Joined Cases T-346/02 and T-347/02 Cableuropa SA and Others v Commission of the European Communities* 1. For a Community measure to be of direct concern to a natural or legal person within the meaning of the fourth paragraph of Article 230 EC, it must directly affect the applicant’s legal (...)

Case T-158/00 Arbeitsgemeinschaft der öffentlich-rechtlichen Rundfunkanstalten der Bundesrepublik Deutschland (ARD) v Commission of the European Communities* 1. Persons other than those to whom a decision is addressed may claim to be individually concerned only if the decision affects them by (...)

Case C-338/00 P Volkswagen AG v Commission of the European Communities* 1. Where an appeal merely repeats or reproduces verbatim the pleas in law and arguments previously submitted to the Court of First Instance, without even including an argument specifically identifying the error of law (...)

Consorzio Industrie Fiammiferi (CIF) v Autorità Garante della Concorrenza e del Mercato* 1. Where undertakings engage in conduct contrary to Article 81(1) EC and where that conduct is required or facilitated by national legislation which legitimises or reinforces the effects of the conduct, (...)

MILK MARQUE AND NATIONAL FARMERS’ UNION JUDGMENT OF THE COURT 9 September 2003* 1. Articles 32 to 38 EC, Regulation No 26 applying certain rules of competition to production of and trade in agricultural products and Regulation No 804/68 on the common organisation of the market in milk and (...)

THE COMPULSORY TARIFFS FOR THE FEES PAYABLE TO MEMBERS OF THE ITALIAN BAR ARE NOT CONTRARY TO THE TREATY PROVISIONS ON COMPETITION* The Italian procedure which consists in the approval by the Government of a draft scale of fees payable to members of the Bar - proposed by the National (...)

THE NETHERLANDS RULES PROHIBITING MULTI-DISCIPLINARY PARTNERSHIPS BETWEEN MEMBERS OF THE BAR AND ACCOUNTANTS ARE COMPATIBLE WITH THE TREATY* The obligations of professional conduct imposed on lawyers, who must advise and represent their clients independently, may militate against that kind of (...)

THE COURT OF JUSTICE RULES ON THE QUASI-MONOPOLY OF MEDICAL AID ORGANISATIONS OVER THE TRANSPORT OF PATIENTS BY AMBULANCE IN THE LAND OF RHEINLAND-PFALZ* The general interest task of transporting patients entrusted by law to medical aid organisations may justify a restriction of competition in (...)

AN UNDERTAKING PROVIDING AN EXPRESS MAIL SERVICE MAY IN CERTAIN CIRCUMSTANCES BE REQUIRED TO PAY POSTAL DUES TO THE OPERATOR RESPONSIBLE FOR THE UNIVERSAL POSTAL SERVICE* In the case of a service of general economic interest, postal dues must enable compensation to be paid for any losses that (...)

Case T-144/99 Institute of Professional Representatives before the European Patent Office v Commission of the European Communities* 1. The mere fact that rules which organise the exercise of a profession are classified as ’rules of professional conduct’ by the competent bodies does not mean (...)

Case T-112/98 Mannesmannröhren-Werke AG v Commission of the European Communities * 1. The Court of Justice and the Court of First Instance have no jurisdiction to assess the legality of an investigation under competition law by reference to the provisions of the European Convention on Human (...)

Case T-342/00 R Petrolessence and Société de gestion de restauration routière (SG2R) v Commission of the European Communities* 1. Measures which produce binding legal effects capable of affecting an applicant’s interests by bringing about a significant change in his legal position are acts or (...)

Case C-344/98 Masterfoods Ltd v HB Ice Cream Ltd and HB Ice Cream Ltd v Masterfoods Ltd, trading as ’Mars keland’* Where a national court is ruling on an agreement or practice the compatibility of which with Articles 85(1) and 86 of the Treaty (now Articles 81(1) EC and 82 EC) is already the (...)

Case T-5/OOR Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied v Commission of the European Communities* 1. Since interim proceedings are incidental to the main proceedings, a party which has already been given leave to intervene in support of a defendant (...)

Case T-128/98 Aéroports de Paris v Commission of the European Communities* 1. Regulation No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector, which is specific in nature, applies only to activities directly relating (...)

Case C-214/99 Neste Markkinointi Oy v Yötuuli Ky and Others (Reference for a preliminary ruling from the Tampereen Käräjäoikeus)* The prohibition laid down by Article 85(1) of the Treaty (now Article 81(1) EC) does not apply to an exclusive purchasing agreement entered into by a motor-fuels (...)

Case T-5/97 Industrie des Poudres Sphériques SA v Commission of the European Communities* 1. The imposition of a specific duty, as opposed to fixing the duty by reference to a threshold import price, makes it possible to minimise the risk of duties being evaded by manipulations of prices, (...)

THE COURT OF JUSTICE RULES ON THE 10 APPEALS BROUGHT BY UNDERTAKINGS AGAINST THE JUDGMENTS OF THE COURT OF FIRST INSTANCE IN THE "CARTONBOARD" CASES* On 13 July 1994 the Commission imposed fines totalling 131 750 000 ecus on 19 producers of cartonboard on the ground that they had infringed (...)

A FINDING OF A DOMINANT POSITION IN A COMMISSION DECISION AUTHORISING A MERGER OPERATION HAS NO LEGAL EFFECTS* The Court of First Instance has dismissed the actions brought by "The Coca-Cola Company" and "Coca-Cola Enterprises Inc." as inadmissible. Coca-Cola Enterprises Inc. ("CCE"), is the (...)

INTERNAL POSTAL CHARGES IMPOSED ON ITEMS SENT IN LARGE QUANTITIES TO A MEMBER STATE BY MEANS OF REMAILING ARE NOT, IN PRINCIPLE, CONTRARY TO COMMUNITY COMPETITION LAW* In the absence of an agreement between the postal services of the Member States concerned fixing "terminal dues" on the basis (...)

Case T-22/97 Kesko Oy ν Commission of the European Communities* 1. The fact that the contractual basis for a concentration has disappeared cannot in itself exclude judicial review of the legality of a Commission decision declaring that concentration incompatible with the common market. The (...)

Joined Cases T-189/95, T-39/96 and T-123/96 Service pour le Groupement d’Acquisitions (SGA) ν Commission of the European Communities* 1. The acts or decisions against which an action for annulment may be brought under Article 173 of the EC Treaty (now, after amendment, Article 230 EC) are those (...)

Case T-228/97 Irish Sugar plc ν Commission of the European Communities* 1. The taking into account of an argument put forward by an undertaking during the administrative procedure leading to the adoption of a decision concerning it with regard to competition, when the undertaking has not been (...)

THE COURT OF JUSTICE APPLIES "REASONABLE TIME" RULE AND REDUCES FINE IMPOSED ON COMPANY The Court of Justice considered that a reduction by ECU 50 000 of a fine of ECU 3 million imposed on an undertaking for breach of the competition rules constituted a "fair satisfaction" for the excessive (...)

Case T-114/92 Bureau Européen des Médias de l’Industrie Musicale (BEMIM) v Commission of the European Communities* 1. Natural or legal persons who are entitled to submit an application under Article 3(2)(b) of Regulation No 17 calling on the Commission to ascertain an infringement of Articles (...)

Case C-360/92 P Publishers Association v Commission of the European Communities* 1. Where two Member States form a single language area, the court which has to review the lawfulness of the Commission’s refusal to grant an exemption under Article 85(3) of the Treaty for a net price system for (...)

Case T-102/92 Viho Europe BV v Commission of the European Communities* 1. The Community judicature has no jurisdiction to issue directions to the Community institutions in connection with an action for annulment under Article 173 of the Treaty. 2. Where a subsidiary, although having a (...)

Case T-46/92 The Scottish Football Association v Commission of the European Communities* 1. The mere fact that in a procedure applying the competition rules the Commission requests information by way of a decision is able to affect the legal situation of the undertaking concerned, for an (...)

Case C-36/92 P Samenwerkende Elektriciteits-produktiebedrijven NV (SEP) v Commission of the European Communities* 1. Although, in the context of the procedure for the application of the rules on competition, the Commission is obliged under Article 10 of Regulation No 17 to transmit to the (...)

Case 226/87 Commission of the European Communities v Hellenic Republic* 1. Although the powers conferred on the Commission by Article 90 (3) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that (...)

Case 27/87 Louis Erauw-Jacquery SPR v La Hesbignonne SC* 1. A provision of an agreement concerning the propagation and sale of seed, in respect of which one of the parties is the holder or the agent of the holder of certain plant breeders’ rights, which prohibits the grower from selling and (...)

Case 136/86 Bureau national interprofessionnel du cognac v Yves Aubert* 1. The fact that an agreement has been entered into by two groups of traders in the framework of an organization subject to public law does not remove the agreement from the scope of Article 85 of the Treaty. 2. An (...)

Joined Cases 142 and 156/84 British American Tobacco Company Ltd and R. J. Reynolds Industries Inc. v Commission of the European Communities* 1. An investigation carried out by the Commission in fulfilment of its duty to ensure that the rules on competition are observed does not constitute (...)

Case 311/85 VZW Vereniging van Vlaamse Reisbureaus v VZW Sociale Dienst van de Plaatselijke en Gewestelijke Overheidsdiensten* 1. While it is true that Articles 85 and 86 of the Treaty concern the conduct of undertakings and not laws or regulations of Member States, the Treaty never theless (...)

Case 43/85 Associazione nazionale commercianti internazionali dentali e sanitari (Ancides) v Commission of the European Communities* 1. Article 19 (1) of Regulation No 17 and Article 1 of Regulation No 99/63 require the Commission to hear undertakings or associations of undertakings whose (...)

Case 272/85 Association nationale des travailleurs indépendants de la batellerie (Antib) v Commission of the European Communities* An inter-association agreement in a Member State imposing a levy of 10% on freights for export traffic on inland waterways, whether cargoes are carried by (...)

Case 402/85 G. Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM)* 1. Articles 30 and 36 of the EEC Treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright management society to charge a royalty called a (...)

Case 75/84 Metro SB-Großmärkte GmbH & Co. KG v Commission of the European Communities* 1. Persons other than those to whom a decision is addressed may claim to be concerned within the meaning of the second paragraph of Article 173 only if that decision affects them by reason of certain (...)

Case 193/83 Windsurfing International Inc. v Commission of the European Communities* 1. Although the Commission is not competent to determine the scope of a patent, it is still the case that it may not refrain from all action when the scope of the patent is relevant for the purposes of (...)

Case 161/84 Pronuptia de Paris GmbH v Pronuptia de París Irmgard Schillgalis* 1. A system of franchise agreements for the distribution of goods which allows the franchisor to derive financial benefit from a set of business methods and the reputation of a business name does not in itself (...)

Case 260/82 Nederlandse Sigarenwinkeliers Organisatie v Commission of the European Communities* Even where there is no partitioning of markets an agreement concluded between undertakings established in a Member State and covering only the market of that State ’ affects trade between Member (...)

Case 311/84 Centre belge d’études de marché — Télémarketing (CBEM) SA v Compagnie luxembourgeoise de télédiffusion SA and Information publicité Benelux SA* 1. Article 86 of the EEC Treaty applies to an undertaking holding a dominant position on a particular market, even where that position is due not (...)

Joined Cases 25 and 26/84 Ford-Werke AG and Ford of Europe Inc. v Commission of the European Communities* 1. When admission to a selective distribution network implies acceptance by the dealers of the manufacturer’s policy with regard to the range of products to be delivered to a national (...)

Case 42/84 Remia BV and Others v Commission of the European Communities* 1. The fact that non-competition clauses are included in an agreement for the transfer of an undertaking is not of itself sufficient to remove such clauses from the scope of Article 85 (1) of the Treaty. In order to (...)

Case 243/83 SA Binon and Cie v SA Agence et messageries de la presse* 1. Article 85 is applicable where the parallel conduct of a number of undertakings was due originally to an agreement and where it continues after the termination of that agreement without its replacement by a new (...)

Case 298/83 Comité des industries cinématographiques des Communautés européennes (CICCE) v Commission of the European Communities* 1. Where a natural or legal person has made an application under Article 3 (2) (b) of Regulation No 17 and subsequently contests the Commission’s decision suspending (...)

Case 41/83 Italian Republic v Commission of the European Communities* 1. The management, by an undertaking having the status of a nationalized industry, of public telecommunication equipment and its placing of such equipment at the disposal of users on payment of a fee amounts to a business (...)

Case 35/83 BAT Cigaretten-Fabriken GmbH v Commission of the European Communities ’Competition law and trade mark law’* Even though it must be recognized that agreements known as ’delimitation agreements’ are lawful and useful where they serve to delimit, in the mutual interest of the parties, (...)

Case 123/83 Bureau national interprofessionnel du cognac v Guy Clair* 1. Article 85 of the Treaty applies to agreements between undertakings and decisions by associations of undertakings. The legal framework within which such agreements are made and such decisions are taken and the (...)

Case 231/83 Henri Cullet and Chambre syndicale des réparateurs automobiles et détaillants de produits pétroliers v Centre Leclerc Toulouse and Centre Leclerc Saint-Orens-de-Gameville ’National rules on fuel prices’* 1. Although the rules laid down in Article 85 (1) of the Treaty are concerned (...)

Case 229/83 Association des Centres distributeurs Édouard Leclerc and Others v Sàrl ’Au blé verť and Others ’Fixed prices for books’* 1. Whilst it is true that the rules on competition set out in Article 85 (1) of the EEC Treaty are concerned with the conduct of undertakings and not with national (...)

The EU Court of Justice JUDGMENT OF THE COURT (FOURTH CHAMBER) 12 JULY 1984 Hydrotherm Gerätebau GmbH v Compact del Dott. Ing. Mario Andreoli & C. sas Case 170/83* 1. In competition law, the term "undertaking" must be understood as designating an economic unit for the purposes of the (...)

JUDGMENT OF THE COURT (FOURTH CHAMBER) 28 MARCH 1984 Compagnie Royale Asturienne des Mines SA and Rheinzink GmbH v Commission of the European Communities Joined Cases 29 and 30/83* 1. For the purposes of Article 85 of the Treaty, a change in the legal form and name of an undertaking does (...)

JUDGMENT OF THE COURT 28 FEBRUARY 1984 Ford of Europe Incorporated and Ford-Werke Aktiengesellschaft ν Commission of the European Communities Joined Cases 228 and 229/82 * 1. A decision, which was adopted by the Commission on the basis of Article 85 of the EEC Treaty, which was addressed to (...)

JUDGMENT OF THE COURT 17 JANUARY 1984’ Vereniging ter Bevordering van het Vlaamse Boekwezen, VBVB, and Vereeniging ter Bevordering van de Belangen des Boekhandels, VBBB v Commission of the European Communities Joined Cases 43 and 63/82* 1. Where certain undertakings have notified to the (...)

JUDGMENT OF THE COURT (FOURTH CHAMBER) 14 DECEMBER 1983 Société de Vente de Ciments et Bétons de l’Est SA v Kerpen & Kerpen GmbH & Co. KG (reference for a preliminary ruling from the Oberlandesgericht Saarbrücken) Case 319/82* 1. Provisions in a contract concluded between a French (...)

JUDGMENT OF THE COURT 9 NOVEMBER 1983 NV Nederlandsche Banden-Industrie Michelin v Commission of the European Communities Case 322/81* 1. The necessity to have regard to the rights of the defence is a fundamental principle of Community law which the Commission must observe in administrative (...)

JUDGMENT OF THE COURT 25 OCTOBER 1983 Allgemeine Elektricitäts-Gesellschaft AEG-Telefunken AG v Commission of the European Communities Case 107/82* 1. Where, in the course of a proceeding for establishing whether there has been an infringement of Community competition rules, the Commission (...)

JUDGMENT OF THE COURT 11 OCTOBER 1983 Oswald Schmidt, trading as Demo-Studio Schmidt, v Commission of the European Communities Case 210/81* 1. It is in the interests of the satisfactory administration of justice and of the proper application of Articles 85 and 86 that natural or legal (...)

JUDGMENT OF THE COURT 6 OCTOBER 1982 Coditel SA, Compagnie Générale pour la Diffusion de la Télévision, and Others v Ciné-Vog Films SA and Others (reference for a preliminary ruling from the Cour de Cassation of the Kingdom of Belgium) Case 262/81* 1. The distinction, implicit in Article 36 of (...)

JUDGMENT OF THE COURT (SECOND CHAMBER) 10 JUNE 1982 Nicholas William, Lord Bethell v Commission of the European Communities Case 246/81* It may be seen from the second paragraph of Article 173 and the third paragraph of Article 175 of the Treaty that the applicant, for his application for (...)

JUDGMENT OF THE COURT 8 JUNE 1982 L. C. Nungesser KG and Kurt Eisele v Commission of the European Communities Case 258/78* 1. An industrial or commercial property right, as a legal entity, does not possess those elements of contract or concerted practice referred to in Article 85 (1) of (...)

JUDGMENT OE THE COURT 18 MAY 1982 AM & S Europe Limited v Commission of the European Communities Case 155/79* 1. Article 14 (1) of Regulation No 17 empowers the Commission when investigating an undertaking to require production of "business records", that is to say, documents (...)

JUDGMENT OF THE COURT 11 NOVEMBER 1981 International Business Machines Corporation ν Commission of the European Communities Case 60/81* 1. In order to ascertain whether measures are acts within the meaning of Article 173 it is necessary to look to their substance, as the form in which they (...)

JUDGMENT OF THE COURT OF 14 JULY 1981 Gerhard Züchner ν Bayerische Vereinsbank AG (preliminary ruling requested by the Amtsgericht Rosenheim) "Bank charges" Case 172/80* 1. Although the transfer of customers’ funds from one Member State to another normally performed by banks is an operation (...)

JUDGMENT OF THE COURT OF 16 JUNE 19811 Maria Salonia v Giorgio Poidomani and Franca Baglieri, née Giglio (preliminary ruling requested by the Tribunale Civile, Ragusa) Case 126/80* 1. Article 177 of the EEC Treaty, which is based on a distinct separation of functions between national courts (...)

JUDGMENT OF THE COURT OF 25 MARCH 1981 Coöperatieve Stremsel- en Kleurselfabriek y Commission of the European Communities Case 61/80* 1. The rules of a production cooperative, which require its members to obtain from it all the supplies of certain products which they need and which reinforce (...)

JUDGMENT OF THE COURT OF 11 DECEMBER 1980 NV LOréal and SA ĽOréal v PVBA De Nieuwe AMCK Case 31/80* 1. The agreements laying down a selective distribution system based on criteria for admission which go beyond a mere objective selection or a qualitative nature exhibit features making them (...)

JUDGMENT OF THE COURT OF 10 JULY 1980 Distillers Company Limited v Commission of the European Communities "Competition — spirituous beverages" Case 30/78* 1. In the absence of notification in accordance with the requirements of Regulation No 17 and Regulation No 1133/68, an agreement may not (...)

JUDGMENT OF THE COURT OF 10 JULY 1980 1 SA Lancôme and Cosparfrance Nederland BV v Etos BV and Albert Heyn Supermart BV Case 79/99* 1. An administrative letter despatched without publication as laid down in Regulation No 17 informing the undertaking concerned of the Commission’s opinion that (...)

JUDGMENT OF THE COURT OF 26 JUNE 1980 National Panasonic (UK) Ltd ν Commission of the European Communities "Competition: investigations by the Commission" Case 136/79* 1. Although Article 11 of Regulation No 17 makes the exercise of the Commission’s power to request information from an (...)

ORDER OF THE COURT OF 17 JANUARY 1980 ’ Camera Care Limited v Commission of the European Communities "Competition — Interim measures " Case 792/79 R* 1. The object of Article 3 (3) of Regulation No 17 is to enable the Commission to inform the undertakings concerned of its assessment of the (...)

JUDGMENT OF THE COURT OF 25 OCTOBER 1979 Greenwich Film Production v Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM) and Société des Éditions Labrador (preliminary ruling requested by the Cour de Cassation of France) Case 22/79* 1. In deciding whether trade between Member States (...)

JUDGMENT OF THE COURT OF 31 MAY 1979 Hugin Kassaregister AB and Hugin Cash Registers Ltd v Commission of the European Communities "Spare parts for cash registers" Case 22/78* 1. To determine whether an undertaking occupies a dominant position it is necessary first to determine the relevant (...)

JUDGMENT OF THE COURT OF 13 FEBRUARY 1979 Hoffmann-La Roche & Co. AG v Commission of the European Communities "Dominant position" Case 85/76* Observance of the right to be heard is in all proceedings in which sanctions, in particular fines or penalty payments, may be imposed a (...)

JUDGMENT OF THE COURT OF 29 JUNE 1978 Benzine en Petroleum Handelsmaatschappij BV and Others v Commission of the European Communities "Oil crisis" Case 77/77* 1. The absence of pecuniary sanctions in a decision applying Articles 85 and 86 of the Treaty does not preclude the addressee from (...)

JUDGMENT OF THE COURT OF 20 JUNE 1978 Tepea BV v Commission of the European Communities "Cleaning devices for records" Case 28­/77* 1. The fact that one of the undertakings which are parties to an agreement is situate in a non-member country does not prevent the application of Article 85 of (...)

JUDGMENT OF THE COURT OF 14 FEBRUARY 1978 United Brands Company and United Brands Continentaal B.V. v Commission of the European Communities "Chiquita Bananas" Case 27/76* The opportunities for competition under Article 86 of the Treaty must be considered having regard to the particular (...)

JUDGMENT OF THE COURT 1 FEBRUARY 1978 Miller International Schallplatten GmbH v Commission of the European Communities Case 19/77* By its very nature a clause prohibiting exports constitutes a restriction on competition, whether it is adopted at the instigation of the supplier or of the (...)

JUDGMENT OF THE COURT OF 16 NOVEMBER 1977 NV GB-INNO-BM v Vereniging van de Kleinhandelaars in Tabak (ATAB) (preliminary ruling requested by the Belgian Hof van Cassatie) ’Tobacco products’ Case 13/77* 1. Member States may not enact measures enabling private undertakings to escape from the (...)

JUDGMENT OF THE COURT 25 OCTOBER 1977 Metro SB-Großmärkte GmbH & Co. KG v Commission of the European Communities ’Selective distribution systems’ Case 26/76* An application directed against a measure which is merely a confirmation of a previous measure, so that annulment of the (...)

JUDGMENT OF THE COURT 9 JUNE 1977 S.r.l. Ufficio Henry van Ameyde v S.r.l. Ufficio Centrale Italiano di Assistenza Assicurativa Automobilisti in Circolazione Internazionale (UCI) (preliminary ruling requested by the Tribunale Civile e Penale di Milano) Case 90/76* 1. Council Directive No (...)

JUDGMENT OF THE COURT OF 15 JUNE 1976 EMI Records Limited v CBS United Kingdom Limited (preliminary ruling requested by the High Court of Justice, London) Case 51/75* 1. Neither the rules of the Treaty on the free movement of goods nor those on the putting into free circulation of products (...)

JUDGMENT OF THE COURT OF 26 NOVEMBER 1975 Groupement des fabricants de papiers peints de Belgique and Others v Commission of the European Communities Case 73/74* 1. A price-list system arising under an agreement which prohibits the announcement of rebates on the list prices comes within the (...)

JUDGMENT OF THE COURT OF 13 NOVEMBER 1975 General Motors Continental NV v Commission of the European Communities Case 26/75* When combined with the freedom of the manufacturer or its authorized agent appointed by the public authority to fix the price for its service, the delegation by a (...)

JUDGMENT OF THE COURT OF 15 MAY 1975 Nederlandse Vereniging voorFruit en Groentenimporthandel, Nederlandse Bond van Grossiers in Zuidvruchten en ander Geïmporteerd Fruit ’Frubo’ v Commission of the European Communities and Vereniging de Fruitunie Case 71/74* 1. To require the Commission to (...)

JUDGMENT OF THE COURT OF 31 OCTOBER 1974 Centrafarm BV and Adriaan De Peijper v Sterling Drug Inc. (preliminary ruling requested by the Hoge Raad) ’Parallel patents’ Case 15/74* 1. Whilst the Treaty does not affect the existence of rights recognized by the legislation of a Member State in (...)

JUDGMENT OF THE COURT OF 30 APRIL 1974 Guiseppe Sacchi (preliminary ruling requested by the Tribunale di Biella) Case 155/73* 1. Article 177, which is based on a clear separation of functions between the national courts and this Court, does not allow this Court to judge the grounds for the (...)

JUDGMENT OF THE COURT OF 27 MARCH 1974 Belgische Radio en Televisie and Société beige des auteurs, compositeurs et éditeurs v SV SABAM and NV Fonior (preliminary ruling requested by the Tribunal de Première Instance de Bruxelles) ’B.R.T. — II’ Case 127/73* 1. An abuse can consist in the fact (...)

JUDGMENT OF THE COURT OF 6 MARCH 1974 Istituto Chemioterapico Italiano SpA and Commercial Solvents Corporation v Commission of the European Communities Joined Cases 6 and 7/73* 1. The dominant position within a market in raw material intended for the manufacture of a product is not (...)

JUDGMENT OF THE COURT 30 JANUARY 1974 Belgische Radio en Televisie and Société belge des auteurs, compositeurs et editeurs v SV SABAM and NV Fonior (preliminary ruling requested by the Tribunal de premiere instance de Bruxelles) ’BRT — I’ Case 127/73* 1. The Treaty confers on national courts (...)

JUDGMENT OF THE COURT 14 JULY 1972 Imperial Chemical Industries Ltd. v Commission of the European Communities Case 48/69* 1. The delegation of authority to sign constitutes a measure relating to the internal organization of the departments of the Community administration, in accordance (...)

JUDGMENT OF THE COURT 14 JULY 1972 J. R. Geigy AG v Commission of the European Communities Case 52/69* 1. The delegation of authority to sign the notice of objections mentioned in Article 2 of Regulation No 99/63 of the Commission constitutes a measure relating to the internal organization (...)

JUDGMENT OF THE COURT 25 NOVEMBER 1971 Béguelin Import Co. and Others v S.A.G.L. Import Export and Others (Reference for a preliminary ruling by the Tribunal de Commerce, Nice) Case 22/71* 1. An exclusive dealing agreement does not fall under the prohibition imposed by Article 85(1) of the (...)

JUDGMENT OF THE COURT 8 JUNE 1971 Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmärkte GmbH & Co. KG (Reference for a preliminary ruling by the Hanseatisches Oberlandesgericht Hamburg) ’Sound recordings’ Case 78/70* 1. Under Article 177 the Court, when giving a preliminary ruling, (...)

JUDGMENT OF THE COURT 18 FEBRUARY 1971 Sirena S.r.l. v Eda S.r.l. and Others (Reference for a preliminary ruling by the Tribunale Civile e Penale, Milan) Case 40/70* 1. The rights recognized by the legislation of a Member State on the subject of industrial and commercial property are not (...)

JUDGMENT OF THE COURT 15 JULY 1970 ACF Chemiefarma NV v Commission of the European Communities Case 41/69* The provisional character conferred by Article 9 (3) of Regulation No 17 on steps taken by national authorities in connexion with the implementation of Article 85 ofthe EEC Treaty (...)

JUDGMENT OF THE COURT 13 FEBRUARY 1969 Walt Wilhelm and Others v Bundeskartellamt (Reference for a preliminary ruling by the Kammergericht Berlin) Case 14/68* 1. The EEC Treaty has established its own system of law, integrated into the legal systems of the Member States, and which must be (...)

JUDGMENT OF THE COURT 29 FEBRUARY 1968 Parke, Davis & Co. v Probel, Reese, Beintema-Interpharm and Centrafarm (Reference for a preliminary ruling by the Gerechtshof, The Hague) Case 24/67* 1. The restrictive nature of Article 85(1) is incompatible with any extension of the prohibition (...)

JUDGMENT OF THE COURT 12 DECEMBER 1967 S.A. Brasserie de Haecht v Wilkin and Wilkin (Reference for a preliminary ruling by the Tribunal de Commerce, Liège) Case 23/67* 1. For the purpose of examining whether a contract is caught by Article 85 (1) it cannot be examined in isolation from its (...)

JUDGMENT OF THE COURT 13 JULY 1966 Établissements Consten SARL and Grundig-Verkaufs-GmbH v Commission of the European Economic Community Joined Cases 56 and 58/64* 1. Where a measure adopted by an institution is directed to addressees designated by name, only the text which is notified to (...)

Case 226/84 British Leyland Public Limited Company v Commission of the European Communities* 1. In a Member State a motor-vehicle manufacturer which, as far as vehicles produced by it are concerned, enjoys a legal monopoly as a result of the applicable rules for the issue of the certificates (...)

"(...) The decision then goes on to examine the existence of a ’collective dominant position’. It states that ’FP, SIV and VP, as participants in a tight oligopoly, enjoy a degree of independence from competitive pressures that enables them to impede the maintenance of effective competition, (...)

The legal definition of a dominant position in EU law was given by the ECJ in Case 2/76 United Brands Company and United Brands Continentaal BV v Commission of the European Communities : "a position of economic strength enjoyed by an undertaking which enables it to prevent effective (...)

Regarding effective judicial protection, the General Court stated in Cases T‑56/09 and T‑73/09 Saint-Gobain Glass France SA and Others v. European Commission in 27 March 2014 : "Judicial review by the General Court of decisions whereby the Commission imposes infringements in the event of (...)

In Akzo case law, the Court of Justice of the European Union defined the protection of confidentiality of communications between lawyers and their clients (also known as legal professional privilege) as follow: "That confidentiality serves the requirement, the importance of which is recognised (...)