Keywords

Summary



Keywords

1. Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Decision of the Commission granting individual exemption to an agreement - Action brought by parties to the agreement who had brought proceedings for compensation before the national courts - Admissibility

(Art. 230, fourth para., EC)

2. Competition - Agreements, decisions and concerted practices - Prohibition - Exemption - Conditions - Review by the Court - Limits

(EC Treaty, Art. 85(3) (now Art. 81(3) EC))

3. Procedure - Application initiating proceedings - Procedural requirements - Summary of the pleas in law relied upon - Similar requirements for submissions in support of a plea in law

(EC Statute of the Court of Justice, Arts 19, first para., and 46, first para.; Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d))

Summary

1. Persons other than those to whom a decision is addressed may claim to be individually concerned within the meaning of the fourth paragraph of Article 230 EC only if that decision affects them by reason of attributes peculiar to them or by reason of factual circumstances differentiating them from all other persons and, as a result, distinguishing them individually in like manner to the person addressed.

Persons are individually concerned by a decision to grant an exemption for an agreement if they are parties to the agreement, claim that the agreement imposed discriminatory prices on them and so prevented them from competing on equal terms, and have brought proceedings in the national courts against the other party to the agreement for compensation for having had obligations contrary to Article 85 of the Treaty (now Article 81 EC) imposed on them under the exempted agreement.

( see paras 25-27 )

2. Review by the Community judicature of the complex economic appraisals made by the Commission when it exercises the discretion conferred on it by Article 85(3) of the Treaty (now Article 81(3) EC), with regard to each of the four conditions laid down in that provision, must be limited to verifying whether the rules on procedure and on the giving of reasons have been complied with, whether the facts have been accurately stated, and whether there has been any manifest error of assessment or a misuse of powers.

( see para. 38 )

3. Under the first paragraph of Article 19 of the Statute of the Court of Justice, applicable to the procedure before the Court of First Instance by virtue of the first paragraph of Article 46 of the Statute, and Article 44(1)(c) and (d) of the Rules of Procedure of the Court of First Instance, an application must, in particular, state the subject-matter of the proceedings, the form of order sought and a summary of the pleas in law on which the application is based. Irrespective of any question of terminology, those particulars must be sufficiently clear and precise to enable the defendant to prepare his defence and to enable the Court to give judgment in the action, if appropriate, without having to seek further information. In order to guarantee legal certainty and the sound administration of justice it is necessary, for an action to be admissible, that the basic legal and factual particulars relied on are indicated, at least in summary form, coherently and intelligibly in the text of the application itself. Similar requirements are called for where a submission is made in support of a plea in law.

( see para. 171 )