CELEX: 62004CO0111
Language: en
Date: 2006-02-16 00:00:00
Title: Order of the Court (Sixth Chamber) of 16 February 2006. # Adriatica di Navigazione SpA v Commission of the European Communities. # Appeal - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Competition - Cartels - Agreement between undertakings - Proof of participation of an undertaking in a cartel. # Case C-111/04 P.

Order of the Court (Sixth Chamber) of 16 February 2006 – Adriatica di Navigazione v Commission
      (Case C-111/04 P)
      Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Proof of participation of an undertaking in a cartel
      1.                     Competition – Agreements, decisions and concerted practices – Definition of the market – Subject-matter (EC Treaty, Art. 85(1)
            (now Art. 81(1) EC)) (see paras 30-31)
      2.                     Competition – Agreements, decisions and concerted practices – Participation of an undertaking in an anti-competitive initiative
            (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) (see para. 48)
      3.                     Appeals – Grounds of appeal – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the evidence – Excluded unless the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of
            Justice, Art. 58) (see paras 49, 62)
      4.                     Competition – Fines – Amount – Reduction in fine in exchange for cooperation (Council Regulation No 17, Art. 15) (see para.
            91)
      Re:
      
         Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2003 in Case T-61/99 
               Adriatica di Navigazione 
               v 
               Commission
               , dismissing as unfounded an action for the annulment of the Commission decision of 9 December 1998 relating to a proceeding
                  under Article 85 of the EC Treaty (IV/34466 – Greek Ferry Boats)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  Dismisses the cross-appeal of the Commission of the European Communities;
               
            
         
                  3.
               
               
                  
               
               
                  Orders Adriatica di Navigazione SpA to pay 90% of the costs;
               
            
         
                  4.
               
               
                  
               
               
                  Orders the Commission of the European Communities to pay 10% of the costs.