Judgment — ECLI:EU:T:2008:237
Date: 2008-07-01
Language of the case: French
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Dominant position
Concepts: Determining the amount of the fine;Legal certainty;Competition rules;Decision of the Commission;General
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded
Origin: Belgium

summary of the infringements established in Decision 93/82, as confirmed by the judgment of the Court of Justice in CMB and the judgment of the Court of First Instance in CMB, a passage on the method of calculating the fine and a section on compliance with the limitation periods in the light of Regulation No 2988/74. It must also be borne in mind that that delay, for which no convincing explanation was given and which led the Commission to reduce of its own initiative the amount of the fine by EUR 150 000, that is, approximately 4% by reference to the amount fixed in the contested decision, is wholly attributable to the Commission. 144 That delay formed the basis of a part of the applicant’s application, mainly of its first plea. 145 The Court will make an equitable assessment of the case in ruling that the applicant is to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission and that the Commission is to bear one third of its own costs and to pay one third of the costs incurred by the applicant. On those grounds, THE COURT OF FIRST INSTANCE (Fourth Chamber) hereby: 1. Dismisses the action; 2. Orders Compagnie maritime belge SA to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission and the Commission to bear one third of its own costs and to pay one third of the costs incurred by Compagnie maritime belge. Czúcz Cooke Labucka Delivered in open court in Luxembourg on 1 July 2008. E. Coulon O. Czúcz Registrar President * Language of the case: French.