Judgment — ECLI:EU:T:1998:98
Date: 1998-05-14
Language of the case: English
Court formation: Third Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Agreements of undertakings, decisions by associations of undertakings and concerted practices
Procedure: Action for annulment - successful
Origin: Finland

Summary of the J u d g m e n t 
Competition — Agreements, decisions and concerted practices — Proof — Evidence adduced by 
the Commission — Insufficient proof of an undertaking's participation in a cartel — Annulment 
of the Commission's decision as regards the undertaking concerned 
(EC Treaty, Arts 85 and 173) 
The items of evidence on which the Com­
mission relies in the Decision in order to 
prove the existence of an infringement of 
Article 85(1) of the Treaty by an undertaking 
must not be assessed separately, but as a 
whole. 
Where, even when the documents before it 
are considered as a whole, the Court finds 
that their probative value is not sufficient to 
prove that an undertaking has committed an 
infringement of Article 85(1) of the Treaty, 
the Commission's decision finding such 
infringement must be annulled in so far as it 
concerns that undertaking. 
II - 1571