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Document 62003TJ0266
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.
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.
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.
European Court Reports 2007 II-00083*
ECLI identifier: ECLI:EU:T:2007:223
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:
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Dismisses the action; |
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Orders the applicant to pay the costs. |