| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 396 (Feb) |
| Court: | Court of First Instance of the European Communities (Third Chamber) |
| Judge: | Judges Lenaetrs (President), Azizi and Jaeger |
| Judgment Dates: | 28 February 2002 |
Catchwords
European Community - Rules on Competition - Agreements preventing, restricting or distorting competition - Shipping agreement - Northern Europe to East Asia liner shipping operators concluding agreement fixing freight rates and limiting supply of transport - Commission ruling that agreement infringing rules on competition and requiring parties to end infringements - Parties to agreement seeking annulment of decision - Whether Commission in error - Commission Decision (EC) 94/985 - Council Regulation (EEC) 4056/86 - Council Regulation (EEC) 1017/68 - Article 81 (EC) (formerly art 85 of the EC Treaty).
The Case
On an application to the Court of First Instance of the European Communities for the annulment of Commission Decision (EC) 94-985 which prohibited an agreement between shipowners which fixed the price of transport services and the transport capacity management programme, for containers to the Far East, the Court ruled that the Commission had correctly applied arts81(1) and 81(3) (EC) and art3 of Regulation (EEC) 4056-86. However, there had not been justification for imposing a fine on the parties to the agreement, and to that extent the decision would be annulled.
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