Order — ECLI:EU:T:1995:33
Date: 1995-02-17
Language of the case: French
Court formation: President of the Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Application for interim measures: suspension of operation of the contested measure and other interim measures
Procedure: Action for annulment;Application for interim measures - successful
Origin: France

Summary of the Judgment 
1. Competition — Fines — Amount — Determination thereof — Principle of equal 
treatment — Same method for undertakings which participated in an agreement 
(Council Regulation No 17, Art. 15(2)) 
2. Procedure — Res judicata — Judgment of the Court of First Instance — Effect of 
partial annulment — Scope 
II- 813 
SUMMARY — CASE T-308/94 
1. In accordance with the principle of 
equal treatment, it is necessary to 
determine the amount of the fines 
imposed on undertakings which par­
ticipated in an agreement or a con­
certed practice contrary to Article 
85(1) of the Treaty (now Article 81(1) 
EC) according to the same method 
unless objective justification is put 
forward which makes it possible not 
to follow that method. 
(see para. 65) 
2. Findings on points of fact and of law 
are definitive, since those points were 
settled by a judgment of the Court of 
First Instance and are not affected by 
the fact that that judgment was set 
aside in part. 
(see para. 70) 
II - 814