Case C-251/22 P: Judgment of the Court (Tenth Chamber) of 1 February 2024 — Scania AB, Scania CV AB, Scania Deutschland GmbH v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Truck market — Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area (EEA) — Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies required by Euro 3 to Euro 6 standards and the passing on of the costs of those technologies to customers — Single and continuous infringement — Geographic scope of that infringement — ‘Hybrid procedure’ leading successively to the adoption of a settlement decision and a decision at the end of a standard procedure — Article 41 of the Charter of Fundamental Rights of the European Union — Right to good administration — Impartiality of the European Commission — Assessment of the geographic scope of a concerted practice — Relevant evidence — Classification of a series of acts as a ‘single and continuous infringement’ — Regulation (EC) No 1/2003 — Article 25 — Power of the Commission to impose a fine — Limitation)
Date: 2024-02-01
Institutions: Court of Justice
Subjects: Germany, cartel, control of restrictive practices, large vehicle, motor vehicle industry, motor vehicle pollution, price agreement, sanction (EU)








C_202401995EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1995


18.3.2024





Judgment of the Court (Tenth Chamber) of 1 February 2024 — Scania AB, Scania CV AB, Scania Deutschland GmbH v European Commission
(Case C-251/22 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Truck market - Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area (EEA) - Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies required by Euro 3 to Euro 6 standards and the passing on of the costs of those technologies to customers - Single and continuous infringement - Geographic scope of that infringement - ‘Hybrid procedure’ leading successively to the adoption of a settlement decision and a decision at the end of a standard procedure - Article 41 of the Charter of Fundamental Rights of the European Union - Right to good administration - Impartiality of the European Commission - Assessment of the geographic scope of a concerted practice - Relevant evidence - Classification of a series of acts as a ‘single and continuous infringement’ - Regulation (EC) No 1/2003 - Article 25 - Power of the Commission to impose a fine - Limitation)
(C/2024/1995)
Language of the case: English

Parties


Appellants: Scania AB, Scania CV AB, Scania Deutschland GmbH (represented by: D. Arts, N. De Backer, K. Schillemans, advocaten, S. Falkner, P. Hammarskiöld, C. Langenius, L. Ulrichs, advokater, and F. Miotto, avocate)

Other party to the proceedings: European Commission (represented by: M. Domecq, M. Farley and L. Wildpanner, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Scania AB, Scania CV AB and Scania Deutschland GmbH to bear their own costs and to pay those incurred by the European Commission.






(1)  
            OJ C 213, 30.5.2022.


ELI: http://data.europa.eu/eli/C/2024/1995/oj
ISSN 1977-091X (electronic edition)