CELEX: 62004CO0110
Language: en
Date: 2006-03-30 00:00:00
Title: Order of the Court (Sixth Chamber) of 30 March 2006. # Strintzis Lines Shipping SA v Commission of the European Communities. # Appeal - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Competition - Concerted practices - Agreement between undertakings - Commission's powers of investigation. # Case C-110/04 P.

Order of the Court (Sixth Chamber) of 30 March 2006 – Strintzis Lines Shipping v Commission
      (Case C-110/04 P)
      Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Commission’s powers of investigation
      1.                     Actions for annulment – Pleas in law (Art. 230 CE) (see para. 28)
      2.                     Competition – Administrative procedure – Commission’s powers of investigation (Council Regulation No 17, Art. 14(3)) (see
            paras 30-31)
      3.                     Community law – Principles – Fundamental rights – Protection against arbitrary or disproportionate intervention by the public
            authorities – Right of natural persons to the inviolability of their home (Council Regulation No 17, Art. 14) (see paras 32-33)
      4.                     Competition – Administrative procedure – Commission’s powers of investigation (Council Regulation No 17, Art. 14) (see  paras
            36-39, 46)
      5.                     Appeals – Grounds (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 44, 54-55)
      6.                     Appeals – Grounds – Failure to specify the error of law relied on – Inadmissible (Art. 225 EC; Statute of the Court of Justice,
            Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1)(c)) (see para. 59)
      7.                     Competition – Fines – Amount – Reduction of the amount of the fine in return for cooperation (Council Regulation No 17, Art.
            15) (see para. 63)
      Re:
      
         Appeal against the judgment delivered on 11 December 2003 by the Court of First Instance (Fifth Chamber) in Case T-65/99 
               Strintzis Lines Shipping SA
                v 
               Commission
                dismissing as unfounded an action for the annulment of the Commission decision of 9 December 1998 relating to a proceeding
                  pursuant to Article 85 of the EC Treaty (IV/34.466 – Greek Ferries)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  Dismisses the cross-appeal brought by the Commission of the European Communities;
               
            
         
                  3.
               
               
                  
               
               
                  Orders Strintzis Lines Shipping SA to pay 90% of the costs;  
               
            
         
                  4.
               
               
                  
               
               
                  Orders the Commission of the European Communities to pay 10% of the costs.