CELEX: 62004TA0276
Language: en
Date: 2008-07-01 00:00:00
Title: Case T-276/04: Judgment of the Court of First Instance of 1 July 2008 — Compagnie maritime belge v Commission (Competition — Abuse of collective dominant position — Shipping conference — Decision imposing a fine on the basis of an earlier decision annulled in part by the Court of Justice — Regulation (EEC) No 2988/74 — Reasonable time-limit — Rights of the defence — Legal certainty — Force of res judicata )

15.8.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 209/43
            
         Judgment of the Court of First Instance of 1 July 2008 — Compagnie maritime belge v Commission
   (Case T-276/04) (1)
   
   (Competition - Abuse of collective dominant position - Shipping conference - Decision imposing a fine on the basis of an earlier decision annulled in part by the Court of Justice - Regulation (EEC) No 2988/74 - Reasonable time-limit - Rights of the defence - Legal certainty - Force of res judicata)
   (2008/C 209/73)
   Language of the case: French
   Parties
   
      Applicant: Compagnie maritime belge SA (Antwerp, Belgium) (represented by: D. Waelbroeck, lawyer)
   
      Defendant: Commission of the European Communities (represented initially by É. Gippini Fournier, P. Hellström and F. Amato, then by É. Gippini Fournier, Agents)
   Re:
   Action for annulment of Commission Decision 2005/480/EC of 30 April 2004 relating to a proceeding under Article 82 EC (Cases COMP/D2/32.448 and 32.450) (summarised in OJ 2005 L 171, p. 28), imposing a fine on the applicant for alleged abuses of a collective dominant position engaged in by the Cewal conference and, in the alternative, the reduction of that fine.
   Operative part of the judgment
   The Court hereby:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Compagnie maritime belge SA to pay two-thirds of its own costs and two-thirds of the costs incurred by the Commission, and orders the Commission to pay one-third of its own costs and one-third of the costs incurred by Compagnie maritime belge.
            
         
      (1)  OJ C 262, 23.10.2004.