European Court of Justice (Luxembourg)

European Court of Justice

European Court of Justice (Luxembourg)

Since the establishment of the Court of Justice of the European Union in 1952, its mission has been to ensure that "the law is observed" "in the interpretation and application" of the Treaties. As part of that mission, the Court of Justice of the European Union: reviews the legality of the acts of the institutions of the European Union, ensures that the Member States comply with obligations under the Treaties, and interprets European Union law at the request of the national courts and tribunals. The Court thus constitutes the judicial authority of the European Union and, in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of EU law. The Court of Justice of the European Union, which has its seat in Luxembourg, consists of two courts: the Court of Justice and the General Court (created in 1988). The Civil Service Tribunal, established in 2004, ceased to operate on 1 September 2016 after its jurisdiction was transferred to the General Court in the context of the reform of the European Union’s judicial structure.

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European Court of Justice (Luxembourg)
European Court of Justice (Luxembourg)
European Court of Justice (Luxembourg)
European Court of Justice (Luxembourg)
European Court of Justice (Luxembourg)

Articles

57406 Bulletin

European Court of Justice The EU Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market

1084

The Court of Justice sets out the criteria for defining a dominant position in connection with exclusionary practices on the basis of anticompetitive effects of the conduct of an incumbent operator in the context of the liberalisation of the electricity market* This case has arisen in the (...)

European Court of Justice The EU General Court dismisses the appeals of airlines fined for forming a cartel and upholds the €790M fine (Martinair Holland / Scandinavian Airlines / KLM / Air Canada)

589

Cartel on the airfreight market: the General Court rules on actions brought by multiple airlines* On 9 November 2010, the European Commission adopted a decision [1] against multiple undertakings operating on the airfreight market (‘the carriers’) which had participated in a pricing cartel (...)

European Court of Justice The EU Court of Justice finds that the General Court erred in law when finding the Commission incompetent to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award (Micula)

624

The General Court erred in law in finding that the Commission lacked competence to examine, in the light of the law on State aid, the compensation paid to Swedish investors by Romania in implementation of an arbitral award* While that award had upheld the argument of those investors that that (...)

European Court of Justice The EU Court of Justice AG Priit Pikamäe suggests the Court annul the Commission’s decision declaring an aid granted as being incompatible with the internal market (Fiat)

250

Tax ruling: Advocate General Priit Pikamäe proposes that the Court allow the appeal brought by Ireland and annul the Commission’s decision declaring aid which Luxembourg granted to Fiat as being incompatible with the internal market* He proposes, however, that the appeal brought separately by (...)

European Court of Justice The EU Court of justice AG Rantos clarifies the temporal scope of the directive on the compensation of victims of anticompetitive practices (RM / Volvo / DAF)

270

Truck cartel in Spain: Advocate General Rantos clarifies the temporal scope of the directive on the compensation of victims of anti-competitive practices* On 19 July 2016, the European Commission found that a number of truck manufacturers, including AB Volvo and DAF Trucks, had participated (...)

European Court of Justice The EU Court of Justice upholds the General Court’s classification of the Spanish tax rules on the amortization of financial goodwill as State aid incompatible with the internal market (Deutsche Telekom / Banco Santander / Sigma Alimentos Exterior / Prosegur Compañia de Seguridad / Duty Free Group / Banco Santander / Santusa)

860

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 (...)

European Court of Justice The EU Court of Justice rules that the Commission must re-examine whether the sale of a motorsports association entails a grant of State Aid (Ja zum Nürburgring / NeXovation)

392

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 (...)

European Court of Justice The EU Court of Justice AG Bobek proposes a unified test for the protection against double jeopardy under the EU Charter of Fundamental Rights (bpost / Nordzuck)

312

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 (...)

European Court of Justice The EU Court of Justice AG Szpunar considers that the General Court erred in law in concluding that the Commission was not competent to examine, in light of the law on State aid, compensation paid by Romania following an arbitral award (Micula)

746

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 (...)

European Court of Justice The EU Court of Justice releases AG Pitruzzella’s opinion stating that a national court can order a subsidiary company to pay compensation for the harm caused by the anticompetitive conduct of its parent company (Sumal / Mercedes Benz Trucks España)

572

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 (...)

European Court of Justice The EU Court of Justice dismisses the appeals lodged by two telecommunications companies against the judgments of the General Court relating to anticompetitive practices on the Slovak market (Slovak Telekom) (Deutsche Telekom)

415

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 (...)

European Court of Justice The EU Court of Justice dismisses the appeals of several pharmaceutical companies involved in an agreement seeking to delay the marketing of the generic antidepressant citalopram (Lundbeck)

387

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 (...)

European Court of Justice The EU Court of Justice sets aside the judgment of the General Court which annuls the Commission’s decision and classifies as State aid the Spanish tax scheme in the football clubs sector (Fútbol Club Barcelona)

320

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 (...)

European Court of Justice The EU Court of Justice decides that the measures adopted by a consortium of Italian banks to support one of its members do not constitute State aid (Banca Popolare di Bari)

317

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 (...)

European Court of Justice The EU Court of Justice states that the deferral of the payment of taxes introduced by France to support airlines that hold a national license amid the COVID-19 pandemic is consistent with EU law (Ryanair)

457

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 (...)

European Court of Justice The EU Court of Justice states that 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 (Ryanair)

131

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 (...)

European Court of Justice The EU Court of Justice annuls a Commission decision allowing a TV company to preserve competition on the markets of pay-TV services (Paramount / Sky / Groupe Canal+)

375

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 (...)

European Court of Justice The EU Court of Justice AG Kokott thinks the Commission is right to consider that the Belgian practice of making downward adjustments to the profits of undertakings forming part of multinational groups constitutes an aid scheme (Magnetrol International)

260

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 (...)

European Court of Justice The EU Court of Justice rules that a hotel using an online booking platform may, in principle, bring proceedings against that platform 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 (Wikingerhof / Booking.com)

396

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 (...)

European Court of Justice The EU Court of Justice Advocate General Tanchev thinks 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 (Banca Popolare di Bari / Fondo interbancario di tutela dei depositi / Banca d’Italia)

197

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 (...)

European Court of Justice The EU Court of Justice AG Kokott agrees with the General Court that the Polish tax on the retail sector and the Hungarian advertisement tax do not infringe State aid rules (Commission / Poland) (Commission / Hungary)

328

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 (...)

European Court of Justice The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)

333

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 (...)

European Court of Justice The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)

328

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. (...)

European Court of Justice The EU Court of Justice reverses the General Court’s ruling and upholds the Commission’s decision according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid

594

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 (...)

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

528

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 (...)

European Court of Justice The EU Court of Justice confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product (PTC Therapeutics / MSD Animal Health)

95

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 (...)

European Court of Justice The EU Court of Justice upholds the judgments of the General Court and the Commissions decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors and confirms the unlimited jurisdiction of the Courts in relation to the amount of fines (Chalkor) (KME)

69

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 (...)

European Court of Justice The EU Court of Justice maintains fines set by the EU Commission in a specialty graphite cartel case and rejects pleas alleging infringement of rights of defence (SGL Carbon)

48

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 (...)

European Court of Justice The EU Court of Justice upholds the judgment of the General Court penalising the cartel of steel tubes producers known as the ’Europe-Japan Club’ (Dalmine / Sumitomo / Nippon Steel / Salzgitter)

67

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 (...)

European Court of Justice The EU Court of First Instance rejects a third party’s action as inadmissible regarding an operation of concentration authorized by the Commission (Wirtschaftskammer Kärnten and best connect Ampere Strompool)

37

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 (...)

European Court of Justice The EU Court of Justice upholds the judgment of the General Court in the cement cartel case and sets fines of €53.6 million (Aalborg Portland / Irish Cement / Ciments français / Italcementi / Buzzi Unicem / Cementir)

129

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 (...)

European Court of Justice The EU Court of First Instance dismisses an appeal challenging a Commission’s decision to refer a merger to the Spanish competition authorities (Cableuropa)

26

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 (...)

European Court of Justice The EU Court of First Instance rejects an appeal by a media company against the Commission’s decision to approve a third party involvement in a joint venture operation (ARD)

32

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 (...)

European Court of Justice The EU Court of Justice hands down its ruling dismissing an appeal by a motor vehicle manufacturer against a decision of the Court of the First instance that approved the existence of anticompetitive behavior (Volkswagen)

36

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 (...)

European Court of Justice The EU Court of Justice issues a preliminary ruling which clarifies that EU competition law takes precedence over national legislation specifically with regard to price-fixing or market-sharing arrangements (Consorzio Industrie Fiammiferi)

34

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, (...)

European Court of Justice The EU Court of Justice rules that in the context of the application of national competition law, the provisions on the free movement of goods do not preclude the competent authorities of a Member State from prohibiting a dairy cooperative that enjoys market power from entering into contracts with undertakings (Milk Marque)

25

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 (...)

European Court of Justice The EU Court of Justice rules that the compulsory tariffs for the fees payable to members of the Italian bar are not contrary to the Treaty provisions on competition (Arduino)

26

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 (...)

European Court of Justice The EU Court of Justice rules that the prohibition by the Dutch General Council of multi-disciplinary partnerships between members of the bar and accountants is compatible with competition law (Wouters)

28

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 (...)

European Court of Justice The EU 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 (Ambulanz Glöckner / Landkreis Südwestpfalz)

39

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 (...)

European Court of Justice The EU Court of Justice rules that an undertaking providing an express mail service may be required to pay postal dues to the operator responsible for the universal postal service (TNT Traco / Poste Italiane)

29

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 (...)

European Court of Justice The EU Court of First Instance refuses that rules which organise the exercise of a profession fall outside the scope of Article 81(1) EC merely because they are classified as rules of professional conduct by the competent bodies (Institute of Professional Representatives before the European Patent Office)

41

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 (...)

European Court of Justice The EU General Court rejects an appeal made by merging parties following the refusal by the Court of Justice of proposed divestiture since they would not maintain and develop effective competition (Petrolessence / Société de gestion de restauration Routière)

37

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 (...)

European Court of Justice The EU Court of Justice states that Community Courts have exclusive competence to decide the lawfulness of the Commission’s acts (Masterfoods / HB Ice Cream)

41

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 (...)

European Court of Justice The EU Court of Justice states that an application for interim measures which seeks to obtain authorisation to provide a guarantee for an amount lower than that required by the Commission as a condition for not recovering a fine immediately can be granted only in exceptional circumstances (FEG)

38

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 (...)

European Court of Justice The EU Court of Justice declares that an entrepreneur managing airports in Paris abused its dominance by applying discriminatory rates of charges for the use of the airport infrastructure to a company rendering catering services on behalf of airlines (Aéroports de Paris)

26

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 (...)

European Court of Justice The EU Court of Justice rules that the agreement for the distribution of petrol and other motor fuels in Finland does not significantly have restrictive cumulative effects on an oil company’s network (Neste Markkinointi / Yötuuli Ky)

36

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 (...)

European Court of Justice The EU Court of Justice sets the conditions under which margin squeeze can be seen as an abuse of dominance under Article 102 of the TFUE (Industrie des Poudres Sphériques)

30

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, (...)

European Court of Justice The EU Court of First Instance dismisses the actions brought by a soft drink company as inadmissible since the finding of a dominant position in a Commission decision authorising a merger operation has no legal effects (Coca-Cola)

30

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 (...)

European Court of Justice The EU Court of Justice rules that internal postal charges imposed on items sent in large quantities to a member state by means of remailing are not contrary to community competition law (Deutsche Post / Gesellschaft für Zahlungssysteme)

31

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 (...)

European Court of Justice The EU Court of Justice upholds the Commission’s decision prohibiting a merger that will give rise to the creation or strengthening of a dominant position (Kesko Oy)

25

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 (...)

European Court of Justice The EU Court of Justice states that mere silence on the part of an institution cannot produce such effects unless express provision is made by Community law for it to do so (Service pour le Groupement d’Acquisitions)

30

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 (...)

European Court of Justice The EU Court of Justice applies the reasonable time rule and reduces fine imposed by the Commission on producers of welded steel mesh for anticompetitive agreements (Baustahlgewebe)

91

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 (...)

European Court of Justice The EU Court of Justice states that an association of undertakings must be regarded as having a sufficient interest in bringing proceedings before the Court against the Commission’s decision if it has a legitimate interest in submitting that application (BEMIM)

26

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 (...)

European Court of Justice The EU Court of Justice reviews the conditions for granting an exemption in an operation involving a net price system in the retail of books (Publishers Association)

30

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 (...)

European Court of Justice The EU Court Of First Instance holds that in the absence of an agreement between economically independent entities, relations within an economic unit cannot amount to an agreement or concerted practice between undertakings which restricts competition (Viho Europe)

34

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 (...)

European Court of Justice The EU Court of First Instance states that an undertaking faced with a request for information by way of a decision made by the Commission runs a higher risk of sanctions than one confronted with a ’mere’ request for information (Scottish Football Association)

42

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 (...)

European Court of Justice The EU Court of Justice declares that the Commission is not entitled to request information for a purpose different than the enforcement of the competition law rules (SEP)

26

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 (...)

European Court of Justice The EU Court of Justice states that a Commission’s decision is binding in its entirety on the person to whom it is addressed and must be respected until the Court of Justice suspends it (Hellenic Republic)

39

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 (...)

European Court of Justice The EU Court of Justice concludes that a provision preventing a licensee from exporting seeds can be seen as lawful subject to the condition that it is necessary to protect the right of the licensor to assign his licensees (Louis Erauw-Jacquery / La Hesbignonne)

33

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 (...)

European Court of Justice The EU Court of Justice holds that a Minister’s extension order which fixed quotas for wine growers and permitted fines to be imposed on anyone else who exceeded them was unlawful (BNIC / Aubert)

35

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 (...)

European Court of Justice The EU Court of Justice states that letters addressed by the Commission rejecting complaints can be subjected to an action for annulment (British American Tobacco)

42

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 (...)

European Court of Justice The EU Court of Justice upholds the Commission’s decision stating that an inter-association agreement in a Member State imposing a levy of 10% on freights for export traffic on inland waterways is discriminatory (Antib)

33

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 (...)

European Court of Justice The EU Court of Justice confirms that clauses imposing to licensees a prior approval for the use of the boards do not fall within the specific subject matter of the patent and therefore constitute unlawful restrictions of competition (Windsurfing)

43

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 (...)

European Court of Justice The EU Court of Justice states that the application of Article 81(1) to an agreement requires a detailed examination of all the relevant facts to know if competition is restricted by a vertical agreement (Pronuptia de Paris)

39

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 (...)

European Court of Justice The EU Court of Justice holds that an undertaking in a dominant position in television broadcasting which authorised telemarking to its subsidiary without any justification is abusing its dominant position (Télémarketing / CLT)

38

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 (...)

European Court of Justice The EU Court of Justice holds that the provisions of an agreement that are restrictive can fall outside article 81(1) subject to the conditions that they are limited in time, space and subject matter (Remia)

38

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 (...)

European Court of Justice The EU Court of Justice rejects, due to insufficient evidence, a complaint claiming that the Commission refused to condemn low prices paid by a monopolist on the buying side of the market (CICCE)

34

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 (...)

European Court of Justice The EU Court of Justice establishes that trade mark delimitation agreements are permissible and fall outside Article 81 (1) where they served to avoid confusion or conflict between the parties (BAT)

42

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, (...)

European Court of Justice The EU Court of Justice states that a challenge to fixed minimum prices for petrol does not engage a State’s liability as there is no agreement made between undertakings (Cullet / Centre Leclerc)

42

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 (...)

European Court of Justice The EU Court of Justice states that French legislation requiring retailers of books to comply with minimum resale prices imposed by publishers infringes the Treaty as it deprives the competition rules of their effectiveness (Leclerc)

37

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 (...)

European Court of Justice The EU Court of Justice states that for the purpose of applying one of the block exemptions the legal and natural persons that form a single economic entity are counted as one undertaking (Hydrotherm)

28

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 (...)

European Court of Justice The EU Court of Justice states that a change in the legal form and name of an undertaking does not create a new undertaking free of liability for the anti-competitive behaviour of its predecessor, when, two are identical (Compagnie Royale Asturienne des Mines / Rheinzink)

30

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 (...)

European Court of Justice The EU Court of Justice confirms that the Commission may adopt interim measures if they are indispensable to prevent the exercise of the power to make decisions given by that provision from becoming ineffectual or even illusory because of the action of certain undertakings (Ford Werke)

31

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 (...)

European Court of Justice The EU Court of Justice holds that practices designed to buttress the collective resale price maintenance of Dutch and Belgian books infringed competition law (VBVB / VBBB)

33

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 (...)

European Court of Justice The EU Court of Justice holds that a contract remains valid and enforceable as it is possible to sever the offending provisions of the contract from the rest of its provisions (Ciments et Bétons / Kerpen)

33

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 (...)

European Court of Justice The EU Court of Justice states that refusing to supply retail outlets which were objectively appropriate to handle an electrical company’s goods were unilateral acts falling outside 81(1) (AEG-Telefunken)

34

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 (...)

European Court of Justice The EU Court of Justice holds that when a request for the establishment of an infringement against a company operating a selective distribution, the Commission must examine if the system s capable of distorting competition within the common market and of affecting trade between Member States (Demo-Studio Schmidt)

35

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 (...)

European Court of Justice The EU Court of Justice holds that an exclusive copyright licence to exhibit a film in a member state to protect the investment of the licensee is not an infringement of Article 81(1) (Coditel / Cine-Vog)

35

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 (...)

European Court of Justice The EU Court of Justice holds that an open exclusive licence of plant breeder’s rights would not infringe Article 81(1) provided that they concern the introduction and protection of new technology in the licensed territory (Nungesser)

35

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 (...)

European Court of Justice The EU Court of Justice holds that communications between lawyers and their clients should be protected at the Community level as long as they were related to the client’s rights of defence and independent lawyers (AM&S)

28

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 (...)

European Court of Justice The EU Court of Justice holds that a statement of objections could not normally be challenged because it was simply a preliminary step in the formal procedure (IBM)

36

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 (...)

European Court of Justice The EU Court of Justice confirms that a concerted practice is a form of coordination between undertakings which, without the conclusion of an agreement, knowingly substitutes practical cooperation between them for the risks of competition (Züchner / Bayerische Vereinsbank)

33

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 (...)

European Court of Justice The EU Court of Justice clarifies the framework to determine whether an exclusive distribution agreement for national newspapers and periodicals is capable of having an appreciable effect on the market (Salonia / Poidomani & Baglieri)

32

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 (...)

European Court of Justice The EU Court of Justice agrees with the Commission that an exclusive purchasing agreement which obliged members of an association to acquire a product solely from a Dutch cooperative is unlawful (Stremsel)

31

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 (...)

European Court of Justice The EU Court of Justice establishes three criteria in order to assess selective distribution systems which are qualitative in nature (L’Oréal / De Nieuwe)

33

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 (...)

European Court of Justice The EU Court of Justice states that an agreement may be exempted if it affects the market only to an insignificant extent however the same considerations do not apply in the case of a product the entire production of which is in the hands of a large undertaking (Distillers)

34

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 (...)

European Court of Justice The EU Court of Justice states that a selective distribution network that relies on tests for admission to the system which go beyond simple objective qualitative selection falls within the prohibition laid down in EU competition policy when it is based on quantitative selection criteria (Lancôme / Etos)

25

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 (...)

European Court of Justice The EU Court of Justice holds that the Commission has the power to conduct on-the-spot searches in order to gather evidence without violating provisions of competition law (National Panasonic)

26

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 (...)

European Court of Justice The EU Court of Justice confirms that the Commission has the power to order interim measures under Article 3 of Regulation 17 related to a case in the hire and sale of professional photographic equipment sector (Camera Care)

26

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 (...)

European Court of Justice The EU Court of Justice delivers a preliminary ruling on the application of Article 86 of the Treaty to the performance in non-member countries of contracts concluded in the territory of a Member State by parties within the jurisdiction of that State (Greenwich / SACEM)

33

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 (...)

European Court of Justice The EU Court of Justice annuls the Commission’s decision due to its failure to demonstrate sufficiently that trade between Member States has been affected by a manufacturer of cash registers but upholds the finding on dominance (Hugin)

32

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 (...)

European Court of Justice The EU Court of Justice states that the Commission’s erred in law in finding that a pharmaceutical company had abused its dominant position by concluding exclusive purchase agreements (Hoffman-La-Roche)

31

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 (...)

European Court of Justice The EU Court of Justice states that the fact that a supplier in a dominant position applies to deliveries to one of his occasional customers in a period of shortage a rate of reduction different from his customers who have long-term contracts cannot amount to an abuse of a dominant position (Benzine en Petroleum)

35

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 (...)

European Court of Justice The EU Court of Justice rules that an agreement does not fall within the prohibition contained in Article 85 if it affects trade between Member States only to an extent which is not appreciable (Tepea)

37

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 (...)

European Court of Justice The EU Court of Justice confirms the Commission’s decision finding that a banana supplier abused its dominant position by applying excessive prices (United Brands)

31

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 (...)

European Court of Justice The EU Court of Justice confirms the Commission’s decision to fine a music label for concluding exclusive dealing agreements containing export ban clauses (Miller International)

30

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 (...)

European Court of Justice The EU Court of Justice states that Member states may not enact measures enabling private undertaking to escape from the constraints imposed by competition provisions and deprive them of their effectiveness (GB-INNO / ATAB)

33

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 (...)

European Court of Justice The EU Court of Justice holds that restrictive provisions in a selective distribution system may be exempted where they satisfy an objective, qualitative criteria and are applied in a non-discriminatory manner (Metro SB-Großmärkte)

48

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 (...)

European Court of Justice The EU Court of Justice states that a national provision or an agreement between national bureaux seeking to abolish checks on the green card at frontiers cannot be regarded as authorizing the existence of national provisions or agreements incompatible with competition law (Van Ameyde / UCI)

33

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 (...)

European Court of Justice The EU Court of Justice rules that the provisions on the free movement of goods and on competition do not prohibit the proprietor of the same mark in all the Member States from exercising his trade-mark rights to prevent the sale in the Community by a third party of products bearing the same mark which is owned in a third country (EMI / CBS)

43

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 (...)

European Court of Justice The EU Court of Justice rules that a price-list system arising under an agreement that prohibits the announcement of rebates on the list prices comes within the prohibition in Article 85 (1) of the EEC Treaty (Papiers Peints)

44

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 (...)

European Court of Justice The EU Court of Justice annuls the Commission’s decision as there is insufficient evidence to prove the excessive pricing of a dominant firm (General Motors Continental)

52

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 (...)

European Court of Justice The EU Court of Justice dismisses an action for annulment against a decision of the Commission regarding exclusionary practices that affect trade between member countries in the agricultural food sector (Frubo)

51

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 (...)

European Court of Justice The EU Court of Justice holds that Article 81 does not apply to an agreement between a parent and its subsidiary which, although having a separate legal personality, enjoys no economic independence (Centrafarm & De Peijper / Sterling Drug)

51

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 (...)

European Court of Justice The EU Court of Justice holds that Articles 81 and 82 are directly applicable and produce direct effects giving rise to rights and obligations that national Courts have to safeguard and enforce (SABAM)

29

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 (...)

European Court of Justice The EU Court of Justice declares that is it lawful for the Commission to send a statement of objections to an undertaking based in a non-EU member state if there is an infringement of competition law (Geigy)

36

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 (...)

European Court of Justice The EU Court of Justice states that Article 81 does not apply to an agreement between a parent and its subsidiary which although having separate legal personality enjoys no economic independence (Béguelin / GL)

39

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 (...)

European Court of Justice The EU Court of Justice rules that the derogation from the free movement of products can be justified only to the extent to which they are justified to safeguard rights that constitute the specific subject matter of such property (Deutsche Grammophon / Metro)

29

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, (...)

European Court of Justice The EU Court of Justice relies on competition rules for the effect of a trademark contract to determine the existence of an abuse of dominance (Sirena / Eda)

28

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 (...)

European Court of Justice The EU Court of Justice fines a pharmaceutical firm for participating in a cartel regarding the production and the manufacturing of quinine and quinidine (Chemiefarma)

33

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 (...)

European Court of Justice The EU Court of Justice states that the simultaneous application of community and national cartel law is only allowed in so far as it does not prejudice the uniform application of community law (Walt Wilhelm)

27

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 (...)

European Court of Justice The EU Court of Justice rules that the mere existence of a patent right and its exercise cannot constitute an abuse of dominance or an anticompetitive agreement (Parke / Davis / Centrafarm)

38

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 (...)

European Court of Justice The EU Court of Justice holds that to determine the effects on the market of a beer supply agreement it has to be assessed in the economic and legal context in which it occurs (De Haecht / Wilkin)

30

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 (...)

European Court of Justice The EU Court of Justice decides that an exclusive distribution agreement in which the distributor was to enjoy absolute territorial protection is restricting competition by object (Consten / Grundig)

41

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 (...)

European Court of Justice The EU Court of Justice upholds the Commission’s decision deciding that the automobile manufacturer’s pricing policy in respect of type approval certificates has the effect of reducing parallel imports and limiting intra-brand competition (British Leyland)

33

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 (...)

European Court of Justice Glossary: Collective dominance

5745

"(...) 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, (...)

European Court of Justice Glossary: Dominance (notion)

26738

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 (...)

European Court of Justice Glossary: Effective judicial protection

5142

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 (...)

European Court of Justice Glossary: Legal privilege

3436

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 (...)

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