Case T‑70/15

(publication by extracts)

Trajektna luka Split d.d.

v

European Commission

‛Competition — Abuse of dominant position — Decision finding an infringement of Article 102 TFEU — Setting of fees by the Split Port Authority for port services in respect of domestic traffic at maximum levels — Rejection of a complaint — Case being dealt with by a competition authority of a Member State — No EU interest’

Summary — Judgment of the General Court (Seventh Chamber), 30 September 2016

1. Competition — Administrative procedure — Decision of the Commission to take no action on a complaint already heard and rejected for priority reasons by a national competition authority — Lawfulness — Conditions

   (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Art. 13(2))

2. Competition — Division of jurisdiction between the Court of Justice and national competition authorities — Decision of a national competition authority having rejected a complaint — Judicial review — Jurisdiction of the national courts

   (Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Art. 13(2))

3. Accession of new Member States to the European Union — Croatia — Capacity of national courts to apply EU law

1.  Article 13(2) of Regulation No 1/2003, like all the provisions of that regulation, refers to the situations in which Articles 101 and 102 TFEU are implemented. Consequently, the Commission may reject a complaint on the basis of Article 13(2) of Regulation No 1/2003 only where it has been the subject of a review carried out in the light of EU competition law rules.

   In those circumstances, in a case where a national competition authority has ruled in one of its decisions solely on the basis of national competition law, the provisions of Article 13(2) of Regulation No 1/2003 cannot be used and are therefore inapplicable.

   (see paras 26-29)

2.  Economic operators which are allegedly victims of an infringement cannot regard the Commission as an appellate body capable of annulling the decisions of a national authority which has not upheld their complaint. The review of decisions of the competition authorities of Member States is a matter for national courts alone, which perform an essential function in the application of EU competition rules.

   (see para. 34)

3.  The Republic of Croatia was able to join the European Union only after satisfying the political and economic criteria and the obligations incumbent upon candidate States, as established by the Copenhagen (Denmark) European Council of 21 to 22 June 1993. Those criteria require the candidate State, inter alia, to have the ability to take on the obligations of membership, in particular the ability to implement effectively the rules, standards and policies forming the EU legal framework. Therefore, the ability of the Croatian courts to apply EU law cannot be called into question as a matter of principle.

   (see paras 53, 54)