Order of the Court (Sixth Chamber) of 16 February 2006 – Adriatica di Navigazione v Commission
(Case C-111/04 P)
Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Proof of participation of an undertaking in a cartel
1.Competition – Agreements, decisions and concerted practices – Definition of the market – Subject-matter (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) (see paras 30-31)
2.Competition – Agreements, decisions and concerted practices – Participation of an undertaking in an anti-competitive initiative (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) (see para. 48)
3.Appeals – Grounds of appeal – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Excluded unless the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 49, 62)
4.Competition – Fines – Amount – Reduction in fine in exchange for cooperation (Council Regulation No 17, Art. 15) (see para. 91)
Re:
| Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2003 in Case T-61/99 | Adriatica di Navigazione | v | Commission | , dismissing as unfounded an action for the annulment of the Commission decision of 9 December 1998 relating to a proceeding under Article 85 of the EC Treaty (IV/34466 – Greek Ferry Boats) |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Dismisses the cross-appeal of the Commission of the European Communities; |
3. |
| Orders Adriatica di Navigazione SpA to pay 90% of the costs; |
4. |
| Orders the Commission of the European Communities to pay 10% of the costs. |