CELEX: 62003TJ0266
Language: en
Date: 2007-07-12
Title: Judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007.#Groupement des cartes bancaires (CB) v Commission of the European Communities.#Competition - Agreements, decisions and concerted practices - Bankcards - Decision ordering an investigation - Article 14(3) of Regulation No 17 - Statement of reasons - Proportionality.#Case T-266/03.

Judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007 – CB v Commission
      (Case T-266/03)
      Competition – Agreements, decisions and concerted practices – Bankcards – Decision ordering an investigation – Article 14(3) of Regulation No 17 – Statement of reasons – Proportionality
      1.                     Competition – Administrative procedure – Decision ordering an investigation – Duty to state reasons – Scope (Art. 253 EC;
            Council Regulation No 17, Art. 14(3)) (see paras 36-37)
      2.                     Competition – Administrative procedure – Decision ordering an investigation – Respect for the principle of proportionality
            (Council Regulation No 17, Art. 14(3)) (see paras 62-64)
      3.                     Competition – Administrative procedure – Commission’s powers of investigation – Scope – Access to the premises of undertakings
            (Council Regulation No 17, Art. 14) (see paras 69-72)
      4.                     Competition – Administrative procedure – Commission’s powers of investigation – Decision ordering an investigation – Request
            for assistance addressed to national authorities – Judicial review – Exclusive competence of the national court (Council Regulation
            No 17, Art. 14(6)) (see para. 75)
      Re:
      
         ACTION for, firstly, the annulment of Commission Decision C(2003) 1524/9 of 7 May 2003 in Case COMP/D1/38.606 ordering Groupement
                  des cartes bancaires and its subsidiaries to submit to an investigation under Article 14(3) of Council Regulation No 17: First
                  Regulation implementing Articles [81] and [82] of the Treaty (OJ, English Special Edition 1959-1962, p. 87), as amended, and,
                  secondly, action for the removal from the file of all documents and other evidence brought to the knowledge of the Commission
                  during the investigation and for their return to the applicant.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.