Order — ECLI:EU:C:2006:105
Date: 2006-02-16
Language of the case: Italian
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Transport
Concepts: Appeals;Determining the amount of the fine;Effect on trade between Member States;Agreements of undertakings, decisions by associations of undertakings and concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty
Origin: Italy

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.