European Court of Justice

Advocate General’s Opinion in Case C-106/22 | Xella Magyarország* Advocate General Ćapeta: EU law does not, in principle, preclude national legislation which allows for the screening of foreign direct investment of third country provenance even if implemented via an EU-based company Such (...)

The prohibition of abuse of a dominant position laid down by the Treaties permits an ex post control, at national level, of a concentration of undertakings with a non-Community dimension* The temporal effects of a judgment of the Court confirming the applicability of that prohibition should (...)

Judgments of the Court in Cases C-682/20 P |Les Mousquetaires and ITM Entreprises v Commission, C-690/20 P Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission and C-693/20 P Intermarché Casino Achats v Commission* The Court sets aside in part the judgments of the General (...)

Actions for damages in respect of infringements of competition law: the relevant EU law does not preclude a national rule according to which, in the event that the claim is upheld in part, costs are to be borne by each party, who therefore bears half of the common costs* The information (...)

State aid: the Court annuls in part the Commission’s decision on the ‘Spanish Tax Lease System’ * The recovery of the full amount of the aid referred to was ordered on the basis of an erroneous identification of the recipients In 2006, several complaints were made to the European Commission (...)

Abuse of a dominant position: exclusivity clauses in distribution contracts must be capable of having exclusionary effects* The competition authority is obliged to assess that actual capacity to exclude by also taking into account the evidence submitted by the undertaking in a dominant (...)

Abuse of a dominant position: The Court of Justice upholds the judgment of the General Court imposing a fine of approximately € 20 million on the Lithuanian national rail company * The Commission conducted a comprehensive analysis which makes it possible to establish to the requisite legal (...)

Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

A national court may order the disclosure of evidence for the purpose of proceedings for damages connected with an alleged infringement of competition law, even if the proceedings have been stayed owing to the Commission’s initiation of an investigation concerning the same infringement* That (...)

Competition in the Euro Interest Rate Derivatives sector: the Court of Justice upholds the annulment of the € 33.6 million fine imposed on the HSBC Group* The HSBC Group is a banking group, and one of its activities is global banking and markets. HSBC Holdings is the parent company of HSBC (...)

The establishment as such of State aid cannot result from a judicial decision* On 5 May 2004, Latvia adopted a Law (in force from 8 June 2004 to 31 December 2014) seeking to amend the procedure applicable to the sale by electricity producers of surplus production at an increased tariff. That (...)

Advocate General Rantos: The FIFA-UEFA rules under which any new competition is subject to prior approval are compatible with EU competition law* Whilst ESLC is free to set up its own independent football competition outside the UEFA and FIFA ecosystem, it cannot however, in parallel with the (...)

Advocate General Rantos proposes that the judgment of the General Court which had confirmed the anticompetitive nature of rules of the International Skating Union should be set aside* He proposes that the case be referred back to the General Court The International Skating Union (‘the ISU’) (...)

The Court of Justice sets aside the two judgments of the General Court which dismissed the actions of Volotea and easyJet against the decision of the Commission concerning State aid granted by Italy to Sardinian airports* That decision is also annulled, to the extent that it concerns Volotea (...)

The disclosure of ‘relevant evidence’, within the meaning of EU law, includes documents that a party may be required to create by compiling or classifying information, knowledge or data in its possession* In accordance with the principle of proportionality, the national courts must, however, (...)

Decision on State aid granted by Spain to Valencia CF annulled by the General Court: the Court of Justice dismisses the Commission’s appeal * According to the Court of Justice, the General Court did not impose an excessive burden of proof on the Commission and merely found that the Commission (...)

Tax rulings: The Court of Justice holds that the General Court was wrong to confirm the reference framework used by the Commission to apply the arm’s length principle to integrated companies in Luxembourg, in failing to take into account the specific rules implementing that principle in that (...)

Merger control: Advocate General Kokott clarifies the standards of proof of the existence of non-coordinated effects satisfying the concept of ‘significant impediment to effective competition’ on an oligopolistic market where the merged entity does not have a dominant position* The scope of the (...)

According to Advocate General Kokott, a concentration between undertakings that has not been the subject of any ex ante assessment under merger control law may be assessed ex post on the basis of the prohibition of abuse of a dominant position under primary law* However, if a concentration has (...)

Advocate General Pikamäe proposes that the judgment of the General Court and the Commission’s decision on the ‘Spanish tax leasing scheme’ should be partially annulled* In 2006, the European Commission received a number of complaints concerning the application of ‘the Spanish Tax Lease System’ (...)

Corporate income tax in Gibraltar: the national authorities responsible for the recovery of aid classified as unlawful may apply a domestic provision in order to prevent double taxation* Following a formal investigation procedure into the corporate income tax regime in Gibraltar, the (...)

Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings (...)

The Court specifies the temporal scope of the rules governing the limitation period for bringing an action for damages for infringements of competition law and of the rules governing the quantification of the harm resulting from such infringements and the rebuttable presumption relating to the (...)

Cartel on the market for optical disk drives: the Court partially annuls the decision of the Commission but upholds the amounts of the fines imposed* The Commission failed to satisfy its obligation to state reasons by finding that, in addition to their participation in a single and continuous (...)

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 (...)

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 (...)

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 (...)

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 (...)

Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by (...)

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 (...)

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 (...)

In 2017 the ECJ decided in its CTL Logistics judgment (C‑489/15, CTL Logistics, ECLI:EU:C:2017:834) that national civil courts must not examine railway charges if they fall under the competence of a railway regulator under Directive 2001/14/EC (now Directive 2012/34/EU) under equity (§ 315 German (...)

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 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-170/02 P Schlüsselverlag J.S. Moser GmbH and Others v Commission of the European Communities* 1. The Commission cannot refrain from taking account of complaints from undertakings which are not party to a concentration capable of having a Community dimension. Indeed, the implementation (...)

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 (...)

Case T-52/00 Coe Clerici Logistics SpA v Commission of the European Communities* 1. Where, in its decision to take no further action on a complaint in competition matters, it is claimed that the Commission failed to express a view on one of the aspects of that complaint, such failure cannot (...)

Case C-82/01 P Aéroports de Paris v Commission of the European Communities* 1. Article 112(1) and (2) of the Rules of Procedure of the Court of Justice setting out the requirements to be complied with on an appeal provide for the application of Article 37 of those Rules, which states that every (...)

Case C-94/00 Roquette Frères SA v Directeur général de la concurrence, de la consommation et de la répression des fraudes* 1. In accordance with the general principle of Community law affording protection against arbitrary or disproportionate intervention by public authorities in the sphere of (...)

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 (...)

Case T-54/99 max.mobil Telekommunikation Service GmbH v Commission of the European Communities* 1. The diligent and impartial treatment of a complaint is associated with the right to sound administration which is one of the general principles that are observed in a State governed by the rule (...)

Case T-48/98 Compania española para la fabricación de aceros inoxidables, SA (Acerinox) v Commission of the European Communities* 1. Where there is a dispute as to the existence of an infringement of the competition rules, it is incumbent on the Commission to prove the infringements which it (...)

Case T-184/01 R IMS Health Inc. v Commission of the European Communities* 1. Two conditions must be satisfied before the Commission may take protective measures in the course of an ongoing investigation under Regulation No 17; protective measures may be granted only where the impugned (...)

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 (...)

Case C-453/99 Courage Ltd v Bernard Crehan and Bernard Crehan v Courage Ltd and Others* 1. A party to a contract liable to restrict or distort competition within the meaning of Article 85 of the Treaty (now Article 81 EC) can rely on the breach of that provision to obtain relief from the (...)

Case T-112/99 Métropole télévision (M6) and Others v Commission of the European Communities 1. It is settled law that any measure which produces binding legal effects such as to affect the interests of an applicant by bringing about a distinct change in his legal position is an act or decision (...)

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 C-163/99 Portuguese Republic v Commission of the European Communities * 1. Under Article 90(3) of the Treaty (now Article 86(3) EC) the Commission is empowered to determine that a given State measure concerning one of the type of undertakings referred to in Article 90(1) is incompatible (...)

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 (...)

Case T-144/99 R Institute of Professional Representatives before the European Patent Office v Commission of the European Communities* The urgency of an application for interim measures must be assessed in relation to the necessity for an interim order to prevent serious and irreparable damage (...)

Case C-286/95 P Commission of the European Communities v Imperial Chemical Industries plc (ICI)* 1. The authentication of acts provided for in the first paragraph of Article 12 of the Commission’s Rules of Procedure is intended to guarantee legal certainty by ensuring that the text adopted by (...)

Case T-513/93 Consiglio Nazionale degli Spedizionieri Doganali v Commission of the European Communities* 1. The concept of an undertaking within the meaning of Article 85 of the Treaty (now Article 81 EC) covers any entity engaged in an economic activity, regardless of its legal status and (...)

Case C-265/97 P Coöperatieve Vereniging De Verenigde Bloemenveilingen Aalsmeer BA (VBA) v Florimex BV and Others* 1. The statement of reasons required by Article 190 of the Treaty (now Article 253 EC) must be appropriate to the act at issue and must disclose in a clear and unequivocal fashion (...)

Case C-266/97 P Coöperatieve Vereniging De Verenigde Bloemenveilingen Aalsmeer BA (VBA) v Vereniging van Groothandelaren in Bloemkwekerijproducten (VGB) and Others* 1. In finding that special circumstances could preclude the Commission from closing the procedure on complaints where the (...)

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 (...)

Case T-241/97 Stork Amsterdam BV v Commission of the European Communities* 1. Any measure the legal effects of which are binding on and capable of affecting the interests of the applicant, by bringing about a distinct change in his legal position, is an act or a decision which may be 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 (...)

Case C-67/96 Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie* 1. The need to provide an interpretation of Community law which will be of use to the national court makes it necessary that the national court define the factual and legal context of the questions it is (...)

Case C-22/98 Criminal proceedings against Jean Claude Βecu and Others (Reference for a preliminary ruling from the Hof van Beroep te Gent)* Article 90(1) of the Treaty (now Article 86(1) EC), read in conjunction with the first paragraph of Article 6 of the Treaty (now, after amendment, (...)

The EU Court of Justice Case T-127/98 UPS Europe SA ν Commission of the European Communities* 1. In the context of an action for failure to act, it is necessary to verify whether, when the Commission was served with a formal request under Article 175 of the Treaty (now Article 232 EC), it (...)

Case T-266/97 Vlaamse Televisie Maatschappij NV v Commission of the European Communities* 1. Article 90(3) of the Treaty (now Article 86(3) EC) empowers the Commission to determine, by a decision, that a given State measure is incompatible with the rules of the Treaty and to indicate what (...)

Case C-49/92 P Commission of the European Communities v Anic Partecipazioni SpA* 1. Given the nature of the infringements of the Community competition rules in question and the nature and degree of severity of the ensuing penalties, responsibility for committing those infringements is (...)

Case C-199/92 P Hüls AG v Commission of the European Communities * 1. The fact that the Court has, by a previous order, given a person leave to intervene in support of the form of order sought by a party does not preclude a fresh examination of the admissibility of the intervention. 2. (...)

Case C-126/97 Eco Swiss China Time Ltd ν Benetton International NV* 1. Where domestic rules of procedure require a national court to grant an application for annulment of an arbitration award where such an application is founded on failure to observe national rules of public policy, it must (...)

Case T-175/95 BASF Coatings AG ν Commission of the European Communities* 1. The procedure governing access to the file in competition cases is designed to enable the addressees of a statement of objections to examine evidence in the Commission’s files so that they are in a position effectively (...)

Case T-176/95 Accinauto SA ν Commission of the European Communities* 1. By its nature, a clause inserted in an agreement between undertakings, the purpose of which is to prevent a buyer from reselling or exporting goods he has bought, is liable to partition the markets and consequently to (...)

Case T-221/95 Endemol Entertainment Holding BV ν Commission of the European Communities* 1. Article 22(3) of Regulation No 4064/89, which provides that the Commission may, at the request of a Member State, examine whether a concentration which has no Community dimension is compatible with that (...)

ORDER OF THE COURT (Fifth Chamber) In Case C-436/97 P, Deutsche Bahn AG, established in Frankfurt, Germany, represented by Jochim Sedemund, Rechtsanwalt, Berlin, with an address for service in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue, appellant, APPEAL against the judgment of (...)

Case T-141/94 Thyssen Stahl AG ν Commission of the European Communities* 1. Having regard to the principle of ex proprio motu investigation, when the Commission finds itself facing allegations of importance for the defence of undertakings concerned by a proceeding pursuant to Article 65 of the (...)

Case T-87/96 Assicurazioni Generali SpA and Unicredito SpA ν Commission of the European Communities * 1. Any decision which brings about a distinct change in the legal position of the undertakings concerned by producing definitive legal effects is an actionable measure. That is the position (...)

Case C -119/97 P Union Française de l’Express (Ufex), formerly Syndicat Français de l’Express International (SFEI), and Others v Commission of the European Communities* 1. The statement of reasons for an administrative act may refer to other acts and, in particular, take note of the content of an (...)

Case T-87/96 Assicurazioni Generali SpA and Unicredito SpA ν Commission of the European Communities* 1. Any decision which brings about a distinct change in the legal position of the undertakings concerned by producing definitive legal effects is an actionable measure. That is the position in (...)

Joined Cases C-215/96 and C-216/96 Carlo Bagnasco and Others v Banca Popolare di Novara Soc. Coop, arl (BPN) and Cassa di Risparmio di Genova e Imperia SpA (Carige)* 1. In the context of the preliminary ruling procedure under Article 177 of the Treaty, it is solely for the national courts (...)

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 C-7/97 Oscar Bronner GmbH&Co. KG v Mediaprint Zeitungs- und Zeitschriftenverlag GmbH&Co. KG and Others 1. It is for the national courts alone which are seised of the case and are responsible for the judgment to be delivered to determine, in view of the special features of each (...)

Case C-70/97 P Kruidvat BVBA v Commission of the European Communities A decision granting exemption to a selective distribution system cannot be regarded as being of individual concern, within the meaning of the fourth paragraph of Article 173 of the Treaty, to an undertaking in competition (...)

Case C-38/97 Autotrasporti Librandi Sne di Librandi F. & C. v Cuttica Spedizioni e Servizi Internazionali Srl 1. Articles 3(f) and (g), 5, 85, 86 and 90 of the Treaty do not preclude legislation of a Member State which provides for roadhaulage tariffs to be approved and brought into force (...)

Case T-111/96 ITT Promedia NV v Commission of the European Communities 1. The ability to assert one’s rights through the courts and the judicial control which that entails constitutes the expression of the general principle of law which underlies the constitutional traditions common to the (...)

Case C-203/96 Chemische Afvalstoffen Dusseldorp BV and Others v Minister van Volkshuisvesting, Ruimtelijke Ordening en Milieubeheer* 1. Directive 75/442 on waste, as amended by Directive 91/156, and Regulation No 259/93 on the supervision and control of shipments of waste within, into and out (...)

Case C-35/96 Commission of the European Communities v Italian Republic* 1. In view of the general scheme of the rules relating to the action for failure to fulfil obligations, the fact that a Member State is constrained to defend itself in two separate cases in which the facts are the same (...)

Case C-266/96 Corsica Ferries France SA v Gruppo Antichi Ormeggiatori del Porto di Genova Coop, ari and Others* 1. Article 177 of the Treaty does not make reference to the Court subject to there having been an inter partes hearing in the proceedings in the course of which the national court (...)

Case C-7/95 P John Deere Ltd v Commission of the European Communities* 1. It follows from Article 168a of the Treaty, Article 51 of the Statute of the Court of Justice and Article 112(1)(c) of the Rules of Procedure that an appeal must indicate precisely the contested elements of the (...)

Case T-311/94 BPB de Eendracht NV, formerly Kartonfabriek de Eendracht NV ν Commission of the European Communities* 1. The statement of objections, the purpose of which is to give the undertakings under investigation in application of the competition rules all the information necessary to (...)

Case C-230/96 Cabour SA and Nord Distribution Automobile SA v Arnor ’SOCO’ SARL* 1. Under the preliminary ruling procedure provided for by Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the (...)

Case C-306/96 Javico International and Javico AG v Yves Saint Laurent Parfums SA (YSLP)* 1. An agreement between a producer and a reseller intended to apply within the Community and to deprive a reseller of his commercial freedom to choose his customers by requiring him to sell only to (...)

Judgment of the Court of Justice in Joined Cases C-68/94 French Republic v Commission of the European Communities and C-30/95 Société Commerciale des Potasses et de l’Azote (SCPA) and Entreprise Minière et Chimique (EMC) v Commission of the European Communities* France and two French companies, (...)

Case C-163/96 Criminal proceedings against Silvano Raso and Others* Although merely creating a dominant position by granting exclusive rights within the meaning of Article 90(1) of the Treaty is not in itself incompatible with Article 86, a Member State is in breach of the prohibitions (...)

Case C-55/96 Non-contentious proceedings brought by Job Centre Coop, arl* 1. A public placement office may be classed as an undertaking for the purposes of the Community competition rules since, in the context of competition law, the concept of an undertaking encompasses every entity engaged (...)

Case T-290/94 Kaysersberg SA Commission of the European Communities* 1. According to the fourth paragraph of Article 37 of the EC Statute of the Court of Justice, which applies to the procedure before the Court of First Instance by virtue of the first paragraph of Article 46 thereof, an (...)

Joined Cases C-359/95 P and C-379/95 P Commission of the European Communities and French Republic v Ladbroke Racing Ltd* When the Commission receives a complaint alleging infringement of Articles 85 and 86 and of Article 90 of the Treaty, it may reject the complaint relating to Articles 85 (...)

Joined Cases T-213/95 and T-18/96 Stichting Certificatie Kraanverhuurbedrijf (SCK) and Federatie van Nederlandse Kraanverhuurbedrijven (FNK) v Commission of the European Communities* 1. The Community’s liability under the second paragraph of Article 215 of the EC Treaty is dependent on the (...)

Case T-229/94 Deutsche Bahn AG v Commission of the European Communities* 1. An agreement between the national rail undertakings of three Member States the purpose of which is to set up a common administration for the fixing of prices and tariffs for the carriage by rail of maritime containers (...)

Case C-242/95 GT-Link A/S v De Danske Statsbaner (DSB)* 1. It is contrary to Article 95 of the Treaty for a Member State to impose a 40% import surcharge on a general duty levied on goods loaded, unloaded, or otherwise taken on board or landed within its ports or in the deep-water approach (...)

Case T-260/94 Air Inter SA v Commission of the European Communities* 1. Respect for the rights of the defence, in all proceedings which are initiated against a person and which are liable to culminate in a measure adversely affecting that person, is a fundamental principle of Community law (...)

Case C-70/95 Sodemare SA and Others v Regione Lombardia* 1. Community law, and Article 190 of the Treaty in particular, does not lay down conditions concerning the statement of reasons for national rules of general scope which fall within the sphere of Community law. Apart from the fact that (...)

Case T-504/93 Tiercé Ladbroke SA v Commission of the European Communities* 1. The question whether a Community measure fulfils the obligation laid down in Article 190 of the Treaty to state the reasons on which it is based depends on the nature of the act in question and on the context in (...)

Case C-41/96 VAG-Händlerbeirat eV v SYD-Consult* The imperviousness of a selective distribution system is not a condition for its validity under Community law. In order to appraise the lawfulness of an agreement under Article 85 of the Treaty, it is not necessary to enquire whether the (...)

Joined Cases T-70/92 and T-71/92 Florimex BV and Vereniging van Groothandelaren in Bloemkwekerijprodukten v Commission of the European Communities* 1. It is the responsibility of the party alleging that an action is out of time, havingregard to the time-limits laid down in the last paragraph (...)

Case C-343/95 Diego Cali & Figli Sri ν Servizi Ecologici Porto di Genova SpA (SEPG)* Article 86 of the Treaty must be interpreted as not being applicable to anti-pollution surveillance with which a body governed by private law has been entrusted by the public authorities in an oil port of (...)

Case T-106/95 Fédération Française des Sociétés d’Assurances (FFSA) and Others v Commission of the European Communities* 1. A judgment of the Community judicature which merely confirms the law which was in principle known to the applicant when it brought its action cannot be regarded as a new (...)

Case C-128/95 Fontaine SA and Others v Aqueducs Automobiles SARL* Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements concerns only contractual relations between suppliers and their approved (...)

Case T-87/92 BVBA Kruidvat v Commission of the European Communities* A decision granting exemption to a selective distribution system cannot be regarded as being of individual concern, within the meaning of the fourth paragraph of Article 173 of the Treaty, to an undertaking in competition (...)

Case T-88/92 Groupement d’Achat Edouard Leclerc v Commission of the European Communities* 1. An intervener is not entitled to raise an objection of inadmissibility not set out in the form of order sought by the defendant. 2. A decision granting exemption to a selective distribution system must (...)

Case C-333/94 P Tetra Pak International SA v Commission of the European Communities* 1. When defining the relevant market for the purpose of applying Article 86 of the Treaty, the competitive conditions and the structure of supply and demand on the market are relevant criteria for determining (...)

Case C-73/95 P Viho Europe BV v Commission of the European Communities* 1. When a parent company and its subsidiaries form a single economic unit within which the subsidiaries do not enjoy real autonomy in determining their course of action in the market, but carry out the instructions issued (...)

Case C-91/95 P Roger Tremblay and Others v Commission of the European Communities* 1. The fact that, contrary to the requirements of Article 112 of the Rules of Procedure of the Court of Justice, an appeal fails to name the other parties to the proceedings before the Court of First Instance (...)

Joined Cases T-79/95 and T-80/95 Société Nationale des Chemins de Fer Français and British Railways Board v Commission of the European Communities* A decision which applies the competition rules to an agreement between undertakings in the rail transport sector must be annulled if the legal (...)

Case T-19/92 Groupement d’Achat Edouard Leclerc v Commission of the European Communities* 1. An intervener is not entitled to raise an objection of inadmissibility not set out in the form of order sought by the defendant. 2. A decision granting exemption to a selective distribution system (...)

Case T-387/94 Asia Motor France SÂ and Others v Commission of the European Communities* 1. The Community courts have no jurisdiction to give a ruling in a direct action on the compatibility of natural or legal persons’ conduct with the provisions of the Treaty. 2. Article 175 of the Treaty (...)

Case C-107/95 P Bundesverband der Bilanzbuchhalter eV v Commission of the European Communities* 1. It is not open to individuals to bring an action against a refusal by the Commission to initiate proceedings under Article 169 against a Member State. 2. Individuals may, in some circumstances, (...)

Cases T-134/94, T-136/94, Τ-137/94, Τ-138/94, Τ-141/94, Τ-145/94, Τ-147/94, Τ-148/94, Τ-151/94, Τ-156/94 and Τ-157/94 ΝΜΗ Stahlwerke and Others ν Commission of the European Communities* 1. Article 23 of the ECSC Statute of the Court of Justice, concerning the forwarding by a Community institution to the (...)

Case T-41/96 R Bayer AG v Commission of the European Communities* Where the Commission prohibits a manufacturer of pharmaceutical products from refusing to supply a medicinal product in order to prevent an increase in parallel exports from Member States where the product is marketed at a (...)

Case C-309/94 Nissan France SA and Others v Jean-Luc Dupasquier, of Garage Sport Auto, and Others* Regulation N o 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements merely provides economic agents in the motor (...)

Case C-387/93 Criminal proceedings against Giorgio Domingo Banchero* 1. It is solely for the national court before which the dispute has been brought, and which must assume responsibility for the subsequent judicial decision, to determine in the light of the particular circumstances of the (...)

Joined Cases C-319/93, C-40/94 and C-224/94 Hendrik Evert Dijkstra and Others v Friesland (Frico Domo) Coöperatie BA and Others* 1. It is apparent both from the genesis of Regulation No 26 applying certain rules of competition to production of and trade in agricultural products, and from the (...)

Case C-399/93 H. G. Oude Luttikhuis and Others v Verenigde Coöperatieve Melkindustrie Coberco BA* 1. In order to decide whether the withdrawal fee scheme under the statutes of a cooperative association, whereby if a member withdraws or is excluded he must pay a sum calculated on the basis of (...)

Case T-395/94 R II Atlantic Container Line AB and Others v Commission of the European Communities* By virtue of Article 104(1) of the Rules of Procedure of the Court of First Instance, an application under Article 185 of the Treaty to suspend the operation of a measure adopted by an (...)

Case C-244/94 Fédération Française des Sociétés d’Assurance and Others ν Ministère de l’Agriculture et de la Pêche* A non-profit-making organization which manages an old-age insurance scheme intended to supplement a basic compulsory scheme, established by law as an optional scheme and operating (...)

Case C-91/94 Criminal proceedings against Thierry Tranchant and Téléphone Store SARL, party liable in civil law* Article 6 of Directive 88/301 on competition on the markets in telecommunications terminal equipment must be interpreted as precluding the application of national rules which (...)

Case C-70/93 Bayerische Motorenwerke AG v ALD Auto-Leasing D GmbH (Reference for a preliminary ruling from the Bundesgerichtshof)* 1. Article 85(1) of the Treaty must be interpreted as meaning that it precludes a motor vehicle manufacturer which sells its vehicles through a selective (...)

Case C-266/93 Bundeskartellamt v Volkswagen AG and VAG Leasing GmbH* 1. Article 85(1) of the Treaty must be interpreted as meaning that it prohibits an obligation imposed by the leading manufacturer of motor vehicles in a Member State on all its dealers established in that State to develop (...)

Case C-96/94 Centro Servizi Spediporto Sri v Spedizioni Marittima del Golfo Sri (Reference for a preliminary ruling from the Tribunale, Genoa)* 1. Articles 3(g), 5, 30, 85, 86 and 90 do not preclude the legislation of a Member State from providing for road-haulage tariffs to be approved and (...)

Case T-30/91 Solvay SA v Commission of the European Communities* 1. Even if the use by the Commission, when it adopts a decision applying Article 85(1) of the Treaty, of inculpatory documents not disclosed during the administrative procedure to one of the undertakings charged were to be (...)

Case T-37/91 Imperial Chemical Industries pic v Commission of the European Communities* 1. The purpose of providing access to the file in competition cases is to enable the addressee of a statement of objections to examine evidence in the Commission’s file so that on the basis of that (...)

Case T-14/93 Union Internationale des Chemins de Fer v Commission of the European Communities* 1. A decision of an association of railway undertakings which lays down conditions for the accreditation of travel agencies authorized to issue international railway tickets and the conditions under (...)

Case C-310/93 P BPB Industries Plc and British Gypsum Ltd v Commission of the European Communities* 1. In the context of proceedings aimed at establishing infringements of the rules on competition in the Treaty, observance of the rights of the defence requires, inter alia, that the (...)

Joined Cases C-241/91 P and C-242/91 P Radio Telefis Eireann (RTE) and Independent Television Publications Ltd (ITP) v Commission of the European Communities* 1. Broadcasting companies are in a dominant position within the meaning of Article 86 of the Treaty when, by reason of their de facto (...)

Case T-148/89 Tréfilunion SA v Commission of the European Communities* 1. Although in a competition procedure both the statement of objections and the final decision are procedural documents specifically provided for as such in Article 19(1) of Regulation No 17 and Article 2(1) of Regulation (...)

Case T-145/89 Baustahlgewebe GmbH v Commission of the European Communities* 1. The legality of a Commission decision taken against an undertaking in a competition case cannot be affected by the Commission’s refusal to grant further access to the file or the failure to forward certain (...)

Case T-141/89 Tréfileurope Sales SARL v Commission of the European Communities* 1. The market in the different kinds of welded steel mesh (including standard mesh, catalogue mesh, Listenmatten and tailor-made mesh) constitutes, for the purposes of Article 85(1) of the Treaty, a single market (...)

Case C-226/94 Grand Garage Albigeois SA and Others v Garage Massol SARL* Regulation No 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements merely provides economic agents in the motor vehicle industry with (...)

Case C-412/93 Société d’Importation Edouard Leclerc-Siplec v TF1 Publicité SA and M6 Publicité SA* 1. In the context of the procedure under Article 177 of the Treaty, the national court, which alone has direct knowledge of the facts of the case, is in the best position to appreciate, with full (...)

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 T-5/93 Roger Tremblay and Others v Commission of the European Communities* 1. The statement of reasons on which a decision adversely affecting a person is based must, first, be such as to enable the person concerned to ascertain the matters justifying the measure adopted so that, if (...)

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 C-195/91 P Bayer AG v Commission of the European Communities * 1. Dispatch of a Commission decision by registered letter with postal acknowledgement of receipt is a suitable method of giving notice. In the event of proceedings being brought, it is the date of signature of that receipt (...)

Case C-250/92 Gøttrup-Klim Grovvareforening and Others v Dansk Landbrugs Growareselskab AmbA (DLG)* 1. The scope of Regulation No 26/62, adopted on the basis of Articles 42 and 43 of the Treaty and applying certain rules of competition to production of and trade in agricultural products, was (...)

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 T-83/91 Tetra Pak International SA ν Commission of the European Communities* 1. The drawing-up of exhaustive minutes of the hearing of an undertaking alleged to have infringed the competition rules is an essential procedural requirement when it proves necessaiy so as to enable the (...)

Case C-323/93 Société Civile Agricole du Centre d’Insémination de la Crespelle v Coopérative d’Élevage et d’Insémination Artificielle du Département de la Mayenne* 1. Articles 86 and 90(1) of the Treaty do not preclude a Member State from granting to approved bovine insemination centres certain (...)

Case T-17/93 Matra Hachette SA v Commission of the European Communities* 1. The principle that there must be full disclosure in the administrative procedure before the Commission for the application of competition rules applies only to undertakings which may be penalized by a Commission (...)

Case C-322/93 P Automobiles Peugeot SA and Peugeot SA v Commission of the European Communities* 1. The Commission is not acting in breach of the principle of legal certainty where it adopts a decision in the field of competition giving the same interpretation of a regulation on block (...)

Case C-153/93 Federal Republic of Germany v Delta Schiffahrts- und Speditionsgesellschaft mbH* 1. Whilst it is true that Article 85 of the Treaty is, in itself, concerned solely with the conduct of undertakings and not with measures adopted by Member States by law or regulation, nevertheless (...)

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 C-I8/93 Corsica Ferries Italia Sri v Corpo dei Piloti del Porto di Genova* 1. Article 177 of the Treaty does not make the reference to the Court subject to there having been an inter partes hearing in the proceedings in the course of which the national court refers a question for a (...)

Case T-38/92 All Weather Sports Benelux BV v Commission of the European Communities* If it relates to several addressees and there is a problem with regard to liability for the infringement, a decision taken in application of the competition rules in the Treaty must include an adequate (...)

Case C-393/92 Municipality of Almelo and Others V Energiebedrijf IJsselmij NV* 1. A national court which, in a case provided for by law, determines an appeal against an arbitration award must be regarded as a court or tribunal within the meaning of Article 177 of the Treaty, even if under (...)

Case C-364/92 SAT Fluggesellschaft mbH v European Organization for the Safety of Air Navigation (Eurocontrol)* 1. The Court has jurisdiction to give preliminary rulings on the interpretation of Treaty provisions pursuant to Article 177 of the Treaty, which establishes direct cooperation (...)

Case C-376/92 Metro SB-Großmärkte GmbH & Co. KG V Carder SA* An EEC selective distribution system for prestige products (watches in the uppermedium and luxury price ranges) which precludes the application of Article 85(1) and (2) of the EEC Treaty is not to be denied recognition on the (...)

Case C-2/91 Criminal proceedings against Wolf W. Meng* 1. Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and docs not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that that article, read in (...)

Case C-185/91 Bundesanstalt für den Güterfernverkehr v Gebrüder Reiff GmbH&Co. KG* 1. Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that (...)

Case C-245/91 Criminal proceedings against Ohra Schadeverzekeringen NV* Although Article 85 of the Treaty, in itself, relates only to the conduct of undertakings and does not cover legislative measures or regulations adopted by Member States, the fact nevertheless remains that that article, (...)

Case C-60/92 Otto BV v Postbank NV* 1. Community law does not require a national court, when assessing an application for an order for provisional examination of witnesses prior to the initiation of civil proceedings, to apply the principle that an undertaking is not obliged to answer (...)

Case C-320/91 Criminal proceedings against Paul Corbeau* It is contrary to Article 90 of the EEC Treaty for legislation of a Member State which confers on a body such as the Régie des Postes the exclusive right to collect, carry and distribute mail, to prohibit, under threat of criminal (...)

Case T-9/92 Automobiles Peugeot SA and Peugeot SA v Commission of the European Communities* 1. Regulation 123/85 on the application of Article 85(3) of the Treaty to certain categories of motor vehicle distribution and servicing agreements is limited to providing economic agents in the (...)

Case T-65/89 BPB Industries plc and British Gypsum Limited v Commission of the European Communities* 1. Since the Commission has established a procedure for access to the file in competition cases and has formulated and published the rules in one of its reports on competition policy, it has (...)

Joined Cases C-159/91 and C-160/91 Christian Poucet v Assurances Générales de France (AGF) and Caisse Mutuelle Régionale du Languedoc-Roussillon (Camulrac) and Daniel Pistre v Caisse Autonome Nationale de Compensation de l’Assurance Vieillesse des Artisans (Cancava)* The concept of an (...)

Joined Cases T-10/92, T-11/92, T-12/92 and T-15/92 SA Cimenteries CBR and Others v Commission of the European Communities* The measures by which the Commission refused, in an administrative procedure implementing the competition rules, first to notify part of the statement of objections to (...)

Case T-16/91 Rendo NV and Others v Commission of the European Communities* 1. An application for annulment brought by the originator of a complaint under Regulation No 17 against a Commission decision deferring examination of the national legislation under cover of which the anti-competitive (...)

Joined Cases C-271/90, C-281/90 and C-289/90 Kingdom of Spain and Others v Commission of the European Communities* 1. The supervisory power conferred on the Commission by Article 90(3) of the Treaty includes the possibility of specifying the obligations of the Member States. The extent of (...)

Case T-24/90 Automec srl v Commission of the European Communities* 1. Among the civil-law consequences which an infringement of the prohibition laid down in Article 85(1) of the Treaty may have, only one is expressly provided for in Article 85(2), namely the nullity of the agreement. The (...)

Case T-28/90 Asia Motor France SA and Others v Commission of the European Communities* 1. An undertaking which has lodged a complaint with the Commission alleging that it is the victim of practices of other undertakings in breach of the Treaty rules on competition is entitled, on the expiry (...)

Case T-66/89 Publishers Association v Commission of the European Communities* 1. The scope of a dispute concerning the compatibility of a series of notified agreements with the competition rules of the Treaty is not altered by a statement made during the proceedings to the effect that some of (...)

Case T-61/89 Dansk Pelsdyravlerforening v Commission of the European Communities* 1. Since there are no Community provisions explaining the concepts contained in Annex II to the Treaty and that annex adopts word for word certain headings of the Customs Cooperation Council Nomenclature, it is (...)

Cases T-24/92 R and T-28/92 R Langnese-Iglo GmbH and Schöller Lebensmittel GmbH & Co. KG v Commission of the European Communities* Where both granting a suspension of operation of a Commission decision prescribing interim measures relating to competition and refusing to grant such (...)

Case C-128/92 H. J. Banks & Co. Ltd v British Coal Corporation* 1. Given that both the extraction of unworked coal and the undertakings engaged in production in the coal industry fall within the scope of the ECSC Treaty, the provisions of that Treaty, in particular Article 4(d) (...)

Case T-19/91 Société d’Hygiène Dermatologique de Vichy v Commission of the European Communities* 1. A decision adopted pursuant to Article 15(6) of Regulation No 17 withdrawing exemption from a fine from an undertaking that has notified an agreement is an act against which an action for (...)

Case T-7/89 S. A. Hercules Chemicals N. V. v Commission of the European Communities* 1. Once the Commission, going beyond what is required by observance of the rights of the defence, has established a procedure for providing access to the file in competition cases and has laid down the rules (...)

Régie des télégraphes et des téléphones v GB-Inno-BM SA* 1. Articles 3(f), 86 and 90 of the EEC Treaty preclude a Member State from granting to the undertaking which operates the public telecommunications network the power to lay down standards for telephone equipment and to check that the (...)

Case T-30/89 Hilti AG v Commission of the European Communities* 1. Neither Article 19 of Regulation No 17 nor Article 2(4) of Regulation No 99/63, even when read together with Article 3(1) of Regulation No 99/63, can be construed as requiring the undertaking concerned to reply, in the course (...)

Case C-179/90 Merci convenzionali porto di Genova SpA v Siderurgica Gabrielli SpA* 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for (...)

Case T-l/89 Rhône-Poulenc S.A. v Commission of the European Communities* 1. In order for there to be an agreement within the meaning of Article 85(1) of the Treaty, it is sufficient that the undertakings in question should have expressed their joint intention to conduct themselves on the (...)

Case T-2/89 Petrofina SA v Commission of the European Communities* 1. The decision addressed by the Commission to undertakings or associations of undertakings pursuant to Article 85(1) of the Treaty may not contain new objections in addition to those contained in the statement of objections (...)

Case T-23/90 Automobiles Peugeot SA and Peugeot SA v Commission of the European Communities* 1. It is for the Commission, in the exercise of the supervisory powers conferred on it by the Treaty and by Regulation No 17, to decide pursuant to Article 3(1) of that regulation whether it is (...)

Case T-69/89 Radio Telefis Eireann v Commission of the European Communities* 1. The substance of the obligations imposed on the Commission by Article 10(5) of Regulation No 17 to provide the Advisory Committee on Restrictive Practices and Monopolies with a summary of the case together with (...)

Case C-62/86 AKZO Chemie BV v Commission of the European Communities* 1. Regard for the rights of the defence requires that the undertaking concerned shall have been enabled to make known effectively its point of view on the documents relied upon by the Commission in making the findings on (...)

Case C-260/89 Elliniki Radiophonia Tileorassi AE v Dimotiki Etairia Pliroforissis and Sotirios Kouvelas* 1. Community law does not preclude the granting of a television monopoly for considerations of a non-economic nature relating to the public interest. However, the manner in which such a (...)

Case T-1 9/91 Société d’Hygiène Dermatologique de Vichy v Commission of the European Communities* A decision adopted by the Commission pursuant to Article 15(6) of Regulation No 17 is confined to informing the undertaking to which it is addressed of the preliminary opinion of the Commission or (...)

Case C-66/90 Koninklijke PTT Nederland NV and PTT Post BV v Commission of the European Communities* ORDER OF THE COURT 4 June 1991 In Case C-66/90, By application lodged at the Court Registry on 15 March 1990, Koninklijke PTT Nederland NV and PTT Bost BV brought an action under the second (...)

Case T-l2/90 Bayer AG v Commission of the European Communities* 1. A decision is duly notified once it has been communicated to the person to whom it is addressed and that person is in a position to take cognizance of it. Where notification is effected by registered letter with postal (...)

Case C-41/90 Klaus Höfner and Fritz Elser v Macrotron GmbH* 1. A public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules since, in the context of competition law, that (...)

Case C-202/88 French Republic v Commission of the European Communities 1. Article 90(3) of the Treaty empowers the Commission to specify in general terms, by adopting directives, the obligations imposed on the Member States by Article 90(1) as regards public undertakings and undertakings (...)

Case C-234/89 Stergios Delimitis v Henninger Bräu AG A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it is difficult for competitors who (...)

Case T-113/89 Nederlandse Associatie van de Farmaceutische Industrie ’Nefarma’ and Bond van Groothandelaren in het Farmaceutische Bedrijf v Commission of the European Communities* A letter addressed to the authorities of a Member State by a Member of the Commission which merely represents an (...)

Case T-51/89 Tetra Pak Rausing SA v Commission of the European Communities* 1. The mere fact that an undertaking in a dominant position acquires an exclusive patent licence does not per se constitute abuse within the meaning of Article 86 of the Treaty. For the purpose of applying Article (...)

Case T-64/89 Automec Srl v Commission of the European Communities* 1. The existence of the measure whose annulment is sought under Article 173 of the Treaty is an essential requirement for admissibility, the absence of which may be considered by the Court of its own motion. In particular, (...)

Case T-23/90 R Automobiles Peugeot SA and Peugeot SA v Commission of the European Communities* 1. It is for the Commission, in the exercise of the supervisory task conferred upon it in competition matters by the Treaty and Regulation No 17 to decide, pursuant to Article 3(1) of Regulation No (...)

Case C-279/87 Tipp-Ex Gmb H & Co . KG v Commission of the European Communities* 1 According to settled case-law (see, in particular, the judgment of 13 July 1966 in Joined Cases 56 and 58/64 ConstenGrundig v Commission [1966] ECR 299 the absolute territorial protection granted to a (...)

Case C-277/87 Sandoz prodotti farmaceutici SpA v Commission of the European Communities* 1. The systematic dispatching by a supplier to his customers of invoices bearing the words ’Export prohibited’ constitutes an agreement prohibited by Article 85(1) of the Treaty, and not unilateral conduct, (...)

Case 374/87 Orkem v Commission of the European Communities* 1. A decision is properly notified if it reaches the addressee and the latter is in a position to take cognizance of it. Accordingly, a company notified of a decision requiring information to be provided pursuant to Article 11 (5) (...)

Case 395/87 Ministère public v Jean-Louis Tournier* 1. A copyright-management society acting on behalf of the copyright owner of his licensee may not rely on the exclusive exploitation right conferred by copyright to prevent or restrict the importation of sound recordings which have been (...)

Case 246/86 S. C. Belasco and Others v Commission of the European Communities* 1. In the context of a cartel, the fixing of common prices, even if not observed in practice, constitutes an infringement of Article 85(1) of the Treaty if they are intended to restrict competition. 2. The fact (...)

Case 66/86 Ahmed Saeed Flugreisen and Silver Line Reisebüro GmbH v Zentrale zur Bekämpfung unlauteren Wettbewerbs e.V* 1. Bilateral or multilateral agreements regarding airline tariffs applicable to scheduled flights are automatically void under Article 85(2) of the Treaty: (i) in the case of (...)

Case 247/86 Société alsacienne et lorraine de telecommunications et d’électronique (Alsatel) v SA Novasam* 1. The Court cannot, whether it be at the request of a party to the main proceedings or at the request of an institution which has exercised its right to submit observations, extend the (...)

Case 53/87 Consorzio italiano della componentistica di ricambio per autoveicoli and Maxicar v Régie nationale des usines Renault* 1. In the absence of Community standardization or harmonization of laws, the determination of the conditions and procedures under which protection of designs and (...)

Case 238/87 AB Volvo v Erik Veng (UK) Ltd* 1. In the absence of Community standardization or harmonization of laws, the determination of the conditions and procedures under which the protection of designs and models is granted is a matter for the national rules of each Member State. It is for (...)

Case 65/86 Bayer AG and Maschinenfabrik Hennecke GmbH v Heinz Süllhöfer* 1. In its prohibition of certain ’agreements’ between undertakings, Article 85 (1) of the Treaty makes no distinction between agreements whose purpose is to put an end to litigation and those concluded with other aims in (...)

Case 267/86 Pascal Van Eycke v ASPA NV* 1. Although it is true that Articles 85 and 86 of the Treaty per se are concerned only with the conduct of undertakings and not with national legislation, the fact remains that those articles in conjunction with Article 5 of the Treaty require the (...)

Case 254/87 Syndicat des libraires de Normandie v L’Aigle distribution SA* As Community law stands, the second paragraph of Article 5 of the EEC Treaty, in conjunction with Articles 3 (f) and 85 and 86, does not prohibit Member States from enacting legislation whereby the retail price of (...)

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 30/87 Corinne Bodson v Pompes funèbres des régions libérées SA (reference for a preliminary ruling from the French Cour de cassation, Paris)* 1. It follows both from the place occupied by Article 37 in the chapter of the EEC Treaty on the elimination of quantitative restrictions and from (...)

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 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 (...)

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 31/85 ETA Fabriques d’Ébauches SA v D K Investment SA and Others 1. The partitioning of the markets brought about by a distribution network under which every dealer is granted an exclusive right to distribute a product within the territory allotted to him and is prohibited from supplying (...)

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 23 OCTOBER 1974 Transocean Marine Paint Association v Commission of the European Communities Case 17/74* 1. The obligation imposed upon the Commission by Articles 2 and 4 of Regulation No 99/63 to inform an undertaking, in writing or by giving notice in the Official (...)

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 (...)

"(...) 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 (...)