Order of the Court (Sixth Chamber) of 30 March 2006 – Strintzis Lines Shipping v Commission
(Case C-110/04 P)
Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Commission’s powers of investigation
1.Actions for annulment – Pleas in law (Art. 230 CE) (see para. 28)
2.Competition – Administrative procedure – Commission’s powers of investigation (Council Regulation No 17, Art. 14(3)) (see paras 30-31)
3.Community law – Principles – Fundamental rights – Protection against arbitrary or disproportionate intervention by the public authorities – Right of natural persons to the inviolability of their home (Council Regulation No 17, Art. 14) (see paras 32-33)
4.Competition – Administrative procedure – Commission’s powers of investigation (Council Regulation No 17, Art. 14) (see paras 36-39, 46)
5.Appeals – Grounds (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 44, 54-55)
6.Appeals – Grounds – Failure to specify the error of law relied on – Inadmissible (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see para. 59)
7.Competition – Fines – Amount – Reduction of the amount of the fine in return for cooperation (Council Regulation No 17, Art. 15) (see para. 63)
Re:
| Appeal against the judgment delivered on 11 December 2003 by the Court of First Instance (Fifth Chamber) in Case T-65/99 | Strintzis Lines Shipping SA | v | Commission | dismissing as unfounded an action for the annulment of the Commission decision of 9 December 1998 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.466 – Greek Ferries) |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Dismisses the cross-appeal brought by the Commission of the European Communities; |
3. |
| Orders Strintzis Lines Shipping SA to pay 90% of the costs; |
4. |
| Orders the Commission of the European Communities to pay 10% of the costs. |