16.9.2006 |
EN |
Official Journal of the European Union |
C 224/2 |
Judgment of the Court (Third Chamber) of 13 July 2006 — Commission of the European Communities v Volkswagen AG
(Case C-74/04 P) (1)
(Appeal - Competition - Article 81(1) EC - Distribution of motor vehicles - Meaning of ‘agreements between undertakings’ - Proof of the existence of an agreement)
(2006/C 224/03)
Language of the case: German
Parties
Appellant: Commission of the European Communities (represented by: W. Mölls, Agent, H.-J. Freund, Rechtsanwalt)
Other party to the proceedings: Volkswagen AG (represented by: R. Bechtold and S. Hirsbrunner, Rechtsanwälte)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 3 December 2003 in Case T-208/01 Volkswagen AG v Commission, annulling Commission Decision 2001/711/EC of 29 June 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COM P/F-2/36.693 — Volkswagen) (OJ 2001 L 262, p. 14) — Conduct of Volkswagen vis-à-vis its German dealers in connection with the marketing of the new ‘Volkswagen Passat Variant’ model
Operative part of the judgment
The Court hereby:
1. |
Dismisses the appeal; |
2. |
Orders the Commission of the European Communities to pay the costs. |