Source: All England Reporter
Publisher Citation: [2005] All ER (D) 393 (Nov)
Court: Court of Justice of the European Communities (Fifth Chamber)

Judges Lindh (President), Garcia-Valdecasas and Cooke

Judgment Dates: 29 November 2005


European Community - Rules on Competition - Agreements preventing, restricting or distorting competition - Applicant member of cartel - Action for annulment of European Commission decision - Applicant contending Commission's decision containing erroneous assessment of facts and evidence - Whether applicant entitled to annulment of decision - Council Regulation No 17, art 15(2).

The Case

The Court of Justice of the European Communities dismissed the applicant company's claim for the annulment of articles of Commission Decision 2003-437-EC, imposing a fine of 350,000 against it for the violation of art81 of the EC Treaty and art53 of the EEA Agreement, on the ground that the basis for the applicant's case was rejected in its entirety.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.