Keywords
Summary

Keywords

Competition Community rules Application by the national courts Assessment of an agreement or practice which has already been the subject of a Commission decision Conditions

(EC Treaty, Arts 85(1) and 86 (now Arts 81(1) EC and 82 EC) and Art. 173, fifth para. (now, after amendment, Art. 230, fifth para., EC))

Summary

$$Where a national court is ruling on an agreement or practice the compatibility of which with Articles 85(1) and 86 of the Treaty (now Articles 81(1) EC and 82 EC) is already the subject of a Commission decision, in order not to infringe the principle of legal certainty it cannot take a decision running counter to that of the Commission, even if the latter's decision conflicts with a decision given by a national court of first instance.

It is irrelevant in that respect that, in the context of an action for annulment brought against the Commission's decision by its addressee on the basis of the fifth paragraph of Article 173 of the Treaty (now, after amendment, the fifth paragraph of Article 230 EC), the President of the Court of First Instance suspended operation of the Commission's decision.

If such an action for annulment has been brought within the period prescribed, it is for the national court to decide whether to stay proceedings pending the final judgment in that action for annulment by the Community Courts or in order to refer a question to the Court of Justice for a preliminary ruling. When the outcome of the dispute before the national court depends on the validity of the Commission decision, it follows from the obligation of sincere cooperation that the national court should stay its proceedings pending final judgment in the action for annulment by the Community Courts, unless it considers that, in the circumstances of the case, a reference to the Court of Justice for a preliminary ruling on the validity of the Commission decision is warranted. It is incumbent on the national court to examine whether it is necessary to order interim measures in order to safeguard the interests of the parties pending final judgment.

( see paras 51-53, 55-60 and operative part )