Keywords
Summary

Keywords

1. Appeals - Procedural requirements - Proof that authority has been properly conferred on a lawyer by someone authorised for the purpose - Not applicable

(Rules of Procedure of the Court of Justice, (Arts 38(5)(b) and 112(1)))

2. Competition - Community rules - Infringement by an undertaking - Attribution to another undertaking having regard to the economic and legal links between them - Conditions

(EC Treaty, Art. 85(1) (now Art. 81(1) EC))

Summary

1. By virtue of Article 112(1) of the Rules of Procedure of the Court of Justice, which refers solely to Article 38(2) and (3), Article 38(5)(b) of those rules, under which a legal person governed by private law must annex to his application proof that the authority granted to the applicant's lawyer has been properly conferred on him by someone authorised for the purpose, is not applicable to appeals.

( see para. 15 )

2. The anti-competitive conduct of an undertaking can be attributed to another undertaking where it has not decided independently upon its own conduct on the market, but carried out, in all material respects, the instructions given to it by that other undertaking, having regard in particular to the economic and legal links between them.

( see para. 27 )