Keywords
Summary

Keywords

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1. ECSC - Scope of the Treaty - Licences for the extraction of unworked coal - Application of provisions relating to agreements, decisions and concerted practices, and to abuse of a dominant position, but not of those relating to pricing practices

(ECSC Treaty, Arts 4(d), 60, 65 and 66(7))

2. ECSC - Provisions relating to agreements, decisions and concerted practices and to abuse of a dominant position - Articles 4(d), 65 and 66(7) - Direct effect - None

(ECSC Treaty, Arts 4(d), 65 and 66(7))

3. ECSC - Provisions relating to agreements, decisions and concerted practices and to abuse of a dominant position - Alleged infringement - Action for damages before a national court in the absence of a Commission decision - Not permissible

(ECSC Treaty, Arts 65 and 66(7))

4. ECSC Treaty - Provisions relating to agreements, decisions and concerted practices and to abuse of a dominant position - Binding force of individual decisions adopted by the Commission - Obligations of the national courts - Power of review of the Community judicature

(ECSC Treaty, Arts 14, 41, 65 and 66(7))

Summary

1. Given that both the extraction of unworked coal and the undertakings engaged in production in the coal industry fall within the scope of the ECSC Treaty, the provisions of that Treaty, in particular Article 4(d) prohibiting restrictive practices which tend towards the sharing or exploiting of markets, and Articles 65 and 66(7) concerning agreements, decisions and concerted practices and abuse of a dominant position, but not Article 60 since the prices of the products are not at issue, constitute the legal framework for the examination of licences to extract unworked coal and of their royalty and payment terms.

However, Article 4 applies by itself only in the absence of more specific provisions. If there are such provisions, such as Articles 65 and 66(7), they must, so far as concerns Article 4(d), be considered as a whole and applied together.

2. As Article 4(d) of the ECSC Treaty is not applicable by itself, it cannot have direct effect. Similarly, in view of the Commission' s sole jurisdiction under the fourth paragraph of Article 65 to rule on the compatibility with Article 65 of any agreement prohibited by the first paragraph and to verify under Article 66(7) whether undertakings holding a dominant position are using that position for purposes contrary to the objectives of the Treaty, those provisions do not confer rights which are directly enforceable by private parties in proceedings before the national courts.

3. Since the Commission has sole jurisdiction to find that Articles 65 and 66(7) of the ECSC Treaty on agreements, decisions and concerted practices and on abuse of a dominant position have been infringed, the national courts may not entertain an action for damages in the absence of a Commission decision adopted in the exercise of that jurisdiction.

4. As the Commission has sole jurisdiction, subject to review by the Court of First Instance and the Court of Justice, to adopt decisions on the basis of Articles 65 and 66(7) of the ECSC Treaty on agreements, decisions and concerted practices and on abuse of a dominant position, such decisions, which are binding in their entirety pursuant to Article 14 of the ECSC Treaty, are binding on the national courts, although those courts may ask the Court of Justice to rule on their validity or interpretation.