# C_2014371EN.01000701.xml

| 18.10.2014 | EN | Official Journal of the European Union | C 371/7 |
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18.10.2014

EN

Official Journal of the European Union

C 371/7

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 4 September 2009 regarding a draft decision relating to Case C.39258 — Airfreight (1)

Rapporteur: Belgium

(2014/C 371/06)

| 1. | The Advisory Committee agrees with the Commission that the facts give rise to agreements or concerted practices in the meaning of Article 81(1) of the Treaty, Article 53(1) of the EEA Agreement and Article 8(1) of the Agreement between the European Community and the Swiss Confederation on Air Transport (Swiss Agreement). |
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1.

The Advisory Committee agrees with the Commission that the facts give rise to agreements or concerted practices in the meaning of Article 81(1) of the Treaty, Article 53(1) of the EEA Agreement and Article 8(1) of the Agreement between the European Community and the Swiss Confederation on Air Transport (Swiss Agreement).

| 2. | The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision restricted competition in the meaning of Article 81 of the Treaty, Article 53 of the EEA Agreement and Article 8 of the Swiss Agreement as a single and continuous infringement for the durations referred to in these Articles of the draft decision. |
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2.

The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision restricted competition in the meaning of Article 81 of the Treaty, Article 53 of the EEA Agreement and Article 8 of the Swiss Agreement as a single and continuous infringement for the durations referred to in these Articles of the draft decision.

| 3. | The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision may affect trade between EU Member States, between Contracting Parties to the EEA Agreement and between Contracting Parties to the Swiss Agreement. |
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3.

The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision may affect trade between EU Member States, between Contracting Parties to the EEA Agreement and between Contracting Parties to the Swiss Agreement.

| 4. | The Advisory Committee agrees with the Commission that the provisions of Article 81(3) of the Treaty, Article 53(3) of the EEA Agreement and Article 8(3) of the Swiss Agreement are not applicable in the context of this case. |
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4.

The Advisory Committee agrees with the Commission that the provisions of Article 81(3) of the Treaty, Article 53(3) of the EEA Agreement and Article 8(3) of the Swiss Agreement are not applicable in the context of this case.

| 5. | The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Articles 7(1) and 23(2) of Council Regulation (EC) No 1/2003 (1). |
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5.

The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Articles 7(1) and 23(2) of Council Regulation (EC) No 1/2003 (1).

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| 6. | The Advisory Committee agrees that a fine should be imposed on the addressees of the draft decision. |
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6.

The Advisory Committee agrees that a fine should be imposed on the addressees of the draft decision.

| 7. | The Advisory Committee asks the Commission to take into account any other points raised during the discussion. |
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7.

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

| 8. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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8.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

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(1)  OJ L 1, 4.1.2003, p. 1.

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