Keywords
Summary

Keywords

1 . APPLICATION FOR ANNULMENT - DECISION STATING THAT THERE HAS BEEN A BREACH OF THE RULES ON COMPETITION - PECUNIARY SANCTIONS - ABSENCE - INTEREST IN TAKING PROCEEDINGS

( EEC TREATY , ARTS . 85 AND 86 AND SECOND PARA . OF ART . 173 )

2 . CONJUNCTURAL POLICY - SUPPLY DIFFICULTIES - COMMUNITY MEASURES - ABSENCE - DOMINANT POSITION - ABUSE - PROHIBITION - COMMISSION ' S DUTY TO SUPERVISE

( EEC TREATY , ARTS . 86 AND 103 )

3 . COMPETITION - DOMINANT POSITION - MARKET IN THE PRODUCT IN QUESTION - SUPPLY DIFFICULTIES - REDUCTIONS IN DELIVERIES TO CUSTOMERS - DIFFERENT RATE OF REDUCTION - ABUSE - ABSENCE - APPLICATION OF SIMILAR RATE - DUTY - LEGAL BASIS

( EEC TREATY , ARTS . 86 AND 103 )

Summary

1 . THE ABSENCE OF PECUNIARY SANCTIONS IN A DECISION APPLYING ARTICLES 85 AND 86 OF THE TREATY DOES NOT PRECLUDE THE ADDRESSEE FROM HAVING AN INTEREST IN OBTAINING A REVIEW BY THE COURT OF JUSTICE OF THE LEGALITY OF THAT DECISION AND THUS COMMENCING AN ACTION FOR ANNULMENT UNDER ARTICLE 173 OF THE TREATY .

2 . THE ABSENCE OF RULES BASED ON ARTICLE 103 OF THE TREATY , WHICH WOULD MAKE IT POSSIBLE TO ADOPT SUITABLE CONJUNCTURAL MEASURES , CANNOT RELEASE THE COMMISSION FROM ITS DUTY TO ENSURE IN ALL CIRCUMSTANCES , BOTH IN NORMAL AND SPECIAL MARKET CONDITIONS , WHEN THE COMPETITIVE POSITION OF TRADERS IS PARTICULARLY THREATENED , THAT THE PROHIBITION IN ARTICLE 86 OF THE TREATY IS SCRUPULOUSLY OBSERVED .

3 . THE FACT THAT A SUPPLIER IN A DOMINANT POSITION APPLIES TO DELIVERIES TO ONE OF HIS OCCASIONAL CUSTOMERS IN A PERIOD OF SHORTAGE A RATE OF REDUCTION DIFFERENT FROM THAT WHICH HE APPLIES TO HIS CUSTOMERS WHO HAVE LONG-TERM CONTRACTS WITH HIM CANNOT AMOUNT TO AN ABUSE OF A DOMINANT POSITION .

IN SUCH A CASE A DUTY TO APPLY A SIMILAR RATE OF REDUCTION FOR ALL CUSTOMERS COULD ONLY FLOW FROM MEASURES ADOPTED WITHIN THE FRAMEWORK OF THE TREATY , IN PARTICULAR ARTICLE 103 , OR , IN DEFAULT OF THAT , BY THE NATIONAL AUTHORITIES .