Keywords

Summary



Keywords

1 . COMPETITION - AGREEMENTS - NOTIFICATION - DECISION BY THE COMMISSION TO CLOSE THE FILE ON THE CASE - LEGAL NATURE - EFFECT ON THE FINDING OF NATIONAL COURTS AS REGARDS THE AGREEMENT IN QUESTION

( EEC TREATY , ART . 85 )

2 . COMPETITION - COMMUNITY RULES - PROHIBITIONS LAID DOWN IN ARTICLES 85 AND 86 OF THE EEC TREATY - DIRECT EFFECT - JURISDICTION OF NATIONAL COURTS - INITIATION BY THE COMMISSION OF A PROCEDURE UNDER ARTICLES 2 , 3 OR 6 OF REGULATION NO 17 - EFFECTS

( EEC TREATY , ARTS 85 AND 86 ; REGULATION NO 17 OF THE COUNCIL , ART . 9 ( 3 ))

3 . COMPETITION - INITIATION OF A PROCEDURE UNDER ARTICLES 2 , 3 OR 6 OF REGULATION NO 17 - CONCEPT - NOT A DECISION TO CLOSE THE FILE ON THE CASE

( REGULATION NO 17 OF THE COUNCIL , ART . 9 ( 3 ))

Summary

1 . AN ADMINISTRATIVE LETTER DESPATCHED WITHOUT PUBLICATION AS LAID DOWN IN REGULATION NO 17 INFORMING THE UNDERTAKING CONCERNED OF THE COMMISSION ' S OPINION THAT THERE IS NO NEED FOR IT TO TAKE ACTION IN RESPECT OF THE AGREEMENTS IN QUESTION AND THAT THE FILE ON THE CASE MAY THEREFORE BE CLOSED CONSTITUTES NEITHER A DECISION GRANTING NEGATIVE CLEARANCE NOR A DECISION APPLYING ARTICLE 85 ( 3 ) OF THE EEC TREATY WITHIN THE MEANING OF ARTICLE 2 AND 6 OF REGULATION NO 17 .

SUCH A LETTER DOES NOT HAVE THE RESULT OF PREVENTING NATIONAL COURTS BEFORE WHICH THE AGREEMENTS IN QUESTION ARE ALLEGED TO BE INCOMPATIBLE WITH ARTICLE 85 OF THE TREATY FROM REACHING A DIFFERENT FINDING AS REGARDS THE AGREEMENTS IN QUESTION ON THE BASIS OF THE INFORMATION AVAILABLE TO THEM . WHILST IT DOES NOT BIND THE NATIONAL COURTS , THE OPINION TRANSMITTED IN SUCH A LETTER NEVERTHELESS CONSTITUTES A FACTOR WHICH THE NATIONAL COURTS MAY TAKE INTO ACCOUNT IN EXAMINING WHETHER THE AGREEMENTS OR CONDUCT IN QUESTION ARE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 85 .

2 . SINCE THE PROHIBITIONS CONTAINED IN ARTICLES 85 ( 1 ) AND 86 OF THE EEC TREATY TEND BY THEIR VERY NATURE TO PRODUCE DIRECT EFFECTS IN RELATIONS BETWEEN INDIVIDUALS , THOSE ARTICLES CREATE DIRECT RIGHTS IN RESPECT OF THE INDIVIDUALS CONCERNED WHICH THE NATIONAL COURTS MUST SAFEGUARD . TO DENY , BY VIRTUE OF ARTICLE 9 OF REGULATION NO 17 , THE NATIONAL COURTS JURISDICTION TO AFFORD THAT SAFEGUARD WOULD MEAN DEPRIVING THE INDIVIDUALS OF RIGHTS WHICH THEY HOLD UNDER THE TREATY ITSELF . IT FOLLOWS THAT THE INITIATION BY THE COMMISSION OF A PROCEDURE UNDER ARTICLES 2 , 3 OR 6 OF THAT REGULATION CANNOT EXEMPT A NATIONAL COURT BEFORE WHICH THE DIRECT EFFECT OF ARTICLE 85 ( 1 ) IS PLEADED FROM GIVING JUDGMENT .

NEVERTHELESS , IN SUCH A CASE IT IS OPEN TO THE NATIONAL COURT , IF IT CONSIDERS IT NECESSARY FOR REASONS OF LEGAL CERTAINTY , TO STAY THE PROCEEDINGS BEFORE IT WHILE AWAITING THE OUTCOME OF THE COMMISSION ' S ACTION .

3 . ARTICLE 9 OF REGULATION NO 17 , WHEN REFERRING TO THE INITIATION OF A PROCEDURE UNDER ARTICLES 2 , 3 OR 6 OF THAT REGULATION , CONCERNS AN AUTHORITATIVE ACT OF THE COMMISSION , EVIDENCING ITS INTENTION OF TAKING A DECISION UNDER THE SAID ARTICLES . THEREFORE AN ADMINISTRATIVE LETTER INFORMING THE UNDERTAKING CONCERNED THAT THE FILE ON ITS CASE HAS BEEN CLOSED DOES NOT AMOUNT TO THE INITIATION OF A PROCEDURE PURSUANT TO ARTICLES 2 , 3 OR 6 OF REGULATION NO 17 .