Keywords
Summary

Keywords

1 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES OPEN TO CHALLENGE - CONCEPT - MEASURES PRODUCING BINDING LEGAL EFFECTS - PREPARATORY MEASURES - EXCLUSION

( EEC TREATY , ARTS 173 AND 189 )

2 . APPLICATION FOR A DECLARATION THAT A MEASURE IS VOID - MEASURES OPEN TO CHALLENGE - CONCEPT - INITIATION OF A PROCEDURE FOR A DECLARATION THAT THE RULES ON COMPETITION HAVE BEEN INFRINGED - STATEMENT OF OBJECTIONS - EXCLUSION

( EEC TREATY , ART . 173 ; REGULATION NO 17 OF THE COUNCIL , ART . 3 ; REGULATION NO 99/63 OF THE COMMISSION , ART . 2 )

3 . COMPETITION - ADMINISTRATIVE PROCEDURE - STATEMENT OF OBJECTIONS - EFFECTS - DIFFERENCE AS AGAINST THE COMMUNICATION REFERRED TO IN ARTICLE 15 ( 6 ) OF REGULATION NO 17

( REGULATION NO 17 OF THE COUNCIL , ART . 15 ( 6 ); REGULATION NO 99/63 OF THE COMMISSION , ART . 2 )

Summary

1 . IN ORDER TO ASCERTAIN WHETHER MEASURES ARE ACTS WITHIN THE MEANING OF ARTICLE 173 IT IS NECESSARY TO LOOK TO THEIR SUBSTANCE , AS THE FORM IN WHICH THEY ARE CAST IS , IN PRINCIPLE , IMMATERIAL IN THIS RESPECT .

MEASURES PRODUCING BINDING LEGAL EFFECTS OF SUCH A KIND AS TO AFFECT THE APPLICANT ' S INTERESTS BY CLEARLY ALTERING HIS LEGAL POSITION CONSTITUTE ACTS OR DECISIONS OPEN TO CHALLENGE BY AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID .

MEASURES OF A PURELY PREPARATORY CHARACTER MAY NOT THEMSELVES BE THE SUBJECT OF AN APPLICATION FOR A DECLARATION THAT THEY ARE VOID .

2 . NEITHER THE INITATION OF A PROCEDURE FOR A DECLARATION THAT THE COMMUNITY RULES ON COMPETITION HAVE BEEN INFRINGED NOR A STATEMENT OF OBJECTIONS MAY BE CONSIDERED , ON THE BASIS OF THEIR NATURE AND THE LEGAL EFFECTS THEY PRODUCE , AS BEING DECISIONS WITHIN THE MEANING OF ARTICLE 173 OF THE EEC TREATY WHICH MAY BE CHALLENGED IN AN ACTION FOR A DECLARATION THAT THEY ARE VOID . IN THE CONTEXT OF THE ADMINISTRATIVE PROCEDURE AS LAID DOWN BY REGULATIONS NO 17 AND NO 99/63 , THEY ARE PROCEDURAL MEASURES ADOPTED PREPARATORY TO THE DECISION WHICH REPRESENTS THEIR CULMINATION .

3 . A STATEMENT OF OBJECTIONS DOES NOT COMPEL THE UNDERTAKING CONCERNED TO ALTER OR RECONSIDER ITS MARKETING PRACTICES AND IT DOES NOT HAVE THE EFFECT OF DEPRIVING IT OF THE PROTECTION HITHERTO AVAILABLE TO IT AGAINST THE APPLICATION OF A FINE , AS IS THE CASE WHEN THE COMMISSION INFORMS AN UNDERTAKING , PURSUANT TO ARTICLE 15 ( 6 ) OF REGULATION NO 17 , OF THE RESULTS OF THE PRELIMINARY EXAMINATION OF AN AGREEMENT WHICH HAS BEEN NOTIFIED BY THE UNDERTAKING . WHILST A STATEMENT OF OBJECTIONS MAY HAVE THE EFFECT OF SHOWING THE UNDERTAKING IN QUESTION THAT IT IS INCURRING A REAL RISK OF BEING FINED BY THE COMMISSION , THAT IS MERELY A CONSEQUENCE OF FACT , AND NOT A LEGAL CONSEQUENCE WHICH THE STATEMENT OF OBJECTIONS IS INTENDED TO PRODUCE .