# Arrêt de la Cour

1..
: Appeal – Grounds – Mere repetition of pleas in law and arguments submitted to the Court of First Instance – Failure to identify the error in law relied on – Inadmissible

2..
: Competition – Agreements and concerted practices – Prohibition – Category exemptions – Regulation No 123/85 – Scope – Measure adopted by a motor vehicle manufacturer having the effect of partitioning the market – Excluded

3..
: Competition – Agreements and concerted practices – Agreements between undertakings – Selective distribution system for motor vehicles – Call by the manufacturer to its authorised dealers forming part of overall business relations – Restrictions on supplies to dealers provided for under the dealership contract

4..
: Competition – Fines – Prohibition on imposing fines in respect of acts taking place within the framework of a notified agreement – Scope

5..
: Competition – Community rules – Infringements – Intentional infringements – Establishment of intention

6..
: Acts of the institution – Statement of reasons – Obligation – Scope – Decision to apply the rules on competition

7..
: Appeal – Jurisdiction of the Court – Reappraisal, on grounds of fairness, of the assessment of the Court of First Instance as to the amount of fines imposed on
  undertakings – Excluded

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«(Appeal – Competition – Distribution of motor vehicles – Partitioning of the market – Article 85 of the EC Treaty (now Article 81 EC) – Regulation (EEC) No 123/85 – Whether the infringement can be attributed to the undertaking concerned – Right to a fair hearing – Duty to state reasons – Legal consequences of disclosure to the press – Effect of propriety of the notification on the calculation of the fine – Cross-appeal)»

| | Opinion of Advocate General Ruiz-Jarabo Colomer delivered on 17 October 2002 |
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| | Judgment of the Court (Sixth Chamber), 18 September 2003 |
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Summary of the Judgment

1..
  Appeal – Grounds – Mere repetition of pleas in law and arguments submitted to the Court of First Instance – Failure to identify the error in law relied on – Inadmissible(Statute of the Court of Justice, Art. 58; Rules of Procedure of the Court, Art. 112(1)(c))

2..
  Competition – Agreements and concerted practices – Prohibition – Category exemptions – Regulation No 123/85 – Scope – Measure adopted by a motor vehicle manufacturer having the effect of partitioning the market – Excluded (EC Treaty, Art. 85(1) and (3) (now Art. 81(1) and (3) EC); Commission Regulation No 123/85)

3..
  Competition – Agreements and concerted practices – Agreements between undertakings – Selective distribution system for motor vehicles – Call by the manufacturer to its authorised dealers forming part of overall business relations – Restrictions on supplies to dealers provided for under the dealership contract(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

4..
  Competition – Fines – Prohibition on imposing fines in respect of acts taking place within the framework of a notified agreement – Scope (Council Regulation No 17, Art. 15(5)(a))

5..
  Competition – Community rules – Infringements – Intentional infringements – Establishment of intention (Council Regulation No 17, Art. 15(2))

6..
  Acts of the institution – Statement of reasons – Obligation – Scope – Decision to apply the rules on competition (EC Treaty, Art. 190 (now Art. 253 EC))

7..
  Appeal – Jurisdiction of the Court – Reappraisal, on grounds of fairness, of the assessment of the Court of First Instance as to the amount of fines imposed on
  undertakings – Excluded
  (EC Treaty, Art. 85(1) (now Art. 81(1) EC))

JUDGMENT OF THE COURT (Sixth Chamber)18 September 2003 (1)

JUDGMENT OF THE COURT (Sixth Chamber)18 September 2003 (1)

((Appeal – Competition – Distribution of motor vehicles – Partitioning of the market – Article 85 of the EC Treaty (now Article 81 EC) – Regulation (EEC) No 123/85 – Whether the infringement can be attributed to the undertaking concerned – Right to a fair hearing – Duty to state reasons – Legal consequences of disclosure to the press – Effect of propriety of the notification on the calculation of the fine – Cross-appeal))

appellant,

gives the following

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On those grounds,

Puissochet

Gulmann

Skouris

Macken

Colneric

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber

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  Language of the case: German.

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: Language of the case: German.