Source: All England Reporter
Publisher Citation: [2003] All ER (D) 204 (Sep)
Court: Court of First Instance of the European Communities (Third Chamber)
Judge:

Judges Lenaerts (President), Azizi and Jaeger
Judgment Dates: 30 September 2003

Catchwords

European Communities - Community institutions - The Court of Justice - Actions - Annulment - Commission decision - Transatlantic shipping operators concluding agreement fixing freight rates and conclusion of service contracts - Commission ruling that agreement infringing rules on competition - Commission imposing fines - Parties to agreement seeking annulment of decision - Correctness of decision - Commission Decision (EC) 1999/243 - Council Regulation (EEC) 1017/68 - EC Treaty, arts 85, 86.

The Case

On an application to the Court of First Instance of the European Communities for the annulment of Commission Decision (EC) 1999-243, which prohibited an agreement between transatlantic shipping companies which fixed the price of transport services, the Court ruled that the Commission had erred in finding that the applicants had engaged in certain abusive practices, so that the decision would be annulled in so far as it applied to those factors and fines imposed in respect of those practices under the decision would also be annulled.

Practice Areas

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