CELEX: 62009CJ0036
Language: en
Date: 2010-11-11 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 11 November 2010. # Transportes Evaristo Molina SA v European Commission. # Appeal - Agreements, decisions and concerted practices - Service station market in Spain - Long-term exclusive fuel supply agreements - Commission decision - Right of purchase granted to certain service stations - Conditions of supply by Repsol - List of the service stations concerned - Action for annulment - Time-limits for commencing proceedings - Starting point. # Case C-36/09 P.

Judgment of the Court (Seventh Chamber) of 11 November 2010 – Transportes Evaristo Molina v Commission
      (Case C‑36/09 P)
      Appeal – Agreements, decisions and concerted practices – Service station market in Spain – Long-term exclusive fuel supply agreements – Commission decision – Right of purchase granted to certain service stations – Conditions of supply by Repsol – List of the service stations concerned – Action for annulment – Time-limits for commencing proceedings – Starting point
      1.                     Actions for annulment – Time-limits – Point from which time starts to run –Date of publication of the measure at issue – Interested
            person concerned later – No effect (Art. 230, fifth para., EC; Rules of Procedure of the General Court, Art. 102(1)) (see
            paras 37-40)
      2.                     Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Unforeseeable circumstances or force
            majeure – Concepts that cannot concern the point from which time starts to run (Statute of the Court of Justice, Art. 45,
            second para.) (see paras 40, 43)
      Re: 
      
         Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 14 November 2008 in Case T‑45/08 
               Transportes Evaristo Molina
                v 
               Commission
               , by which that court dismissed the action for annulment of Commission Decision 2006/446/EC of 12 April 2006 relating to a
                  proceeding pursuant to Article 81 EC (Case COMP/B-1/38348 – Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making
                  binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of
                  16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1,
                  p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Transportes Evaristo Molina, SA to pay the costs.