Source: All England Reporter
Publisher Citation: [2007] All ER (D) 394 (Oct)
Court: Court of First Instance of the European Communities (Fifth Chamber, Extended Composition)
Judge:

Judges Vilaras (President), Martins Ribeiro, Dehousse, Svaby and Jurimae
Judgment Dates: 25 October 2007

Catchwords

European Community - Competition - Rules of competition - Coal and Steel Community - Commission adopting decision based on European Coal and Steel Community Treaty after expiry of treaty - Decision relating to events occurring while treaty in force - Whether decision lacking legal basis - Whether decision should be annulled - European Coal and Steel Community Treaty, art 65.

The Case

European Community Competition. Where the Commission had adopted a decision under art65 of the European Coal and Steel Community Treaty after its expiry, in relation to infringements of competition rules occurring while the treaty had been in force, the decision would be annulled, since the Commission did not retain competence to base a decision on the ECSC Treaty after it had expired.

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