Keywords
Summary

Keywords

1 Actions for annulment - Jurisdiction of the Community judicature - Application claiming that the Court should order the investigations necessary to establish proof of an agreement specified in a complaint - Inadmissible

(EC Treaty, Arts 173 and 176)

2 Actions for annulment - Action brought in respect of a decision which merely confirms a previous decision - Inadmissible - Concept of a confirmatory decision - Decision intended to replace an earlier decision which has been annulled - Where part of the decision reproduces certain grounds of the earlier decision which were not called in question by the judgment annulling it

(EC Treaty, Art. 173)

3 Acts of the institutions - Statement of reasons - Obligation - Scope - Decision applying the competition rules

(EC Treaty, Art. 190)

4 Competition - Administrative procedure - Examination of complaints - Duty to conduct an investigation - None

(Council Regulation No 17, Art. 3)

5 Actions for annulment - Judgment annulling a measure - Effects - Obligation to adopt measures to comply with the judgment - Scope - Regard to be had to both the grounds and the operative part of the judgment - Compliance repeating the irregularities which led to annulment - Not permissible - Duty to reexamine aspects not called in question in the judgment - None

(EC Treaty, Arts 173 and 176)

6 Procedure - Originating application - Procedural requirements - Summary of the pleas in law relied on

(EC Statute of the Court of Justice, Art. 19; Rules of Procedure of the Court of First Instance, Art. 44(1))

Summary

7 In annulment proceedings, a form of order sought to the effect that a direction be issued to the Commission to conduct the investigations necessary to establish proof of an agreement specified in a complaint is inadmissible. It is not for the Community judicature to issue directions to the institutions when exercising its power to review the legality of their acts. Pursuant to Article 176 of the Treaty, it is for the institution whose act has been declared void to take the necessary measures to comply with a judgment given in annulment proceedings.

8 No action lies against decisions which merely confirm earlier decisions. A decision which merely confirms an earlier decision does not afford the persons concerned the opportunity of reopening argument on the legality of the decision confirmed.

Consequently, where an action is brought against a decision which was intended to replace an earlier decision only partially annulled by the Community judicature, the applicant may not challenge that part of the decision which reproduces in identical terms certain grounds of the earlier decision which were not called in question by the judgment annulling it.

9 The statement of reasons required by Article 190 of the Treaty must set out, clearly and unequivocally, the reasoning of the Community authority responsible for the contested decision so as to enable the applicant to ascertain the matters justifying the measure adopted so that he can defend his rights, and so as to enable the Community judicature to exercise its power of review. In that connection the Commission is not obliged to adopt a position, in stating the reasons for the decisions which it is required to take in order to apply the competition rules, on all the arguments relied on by the parties concerned in support of their request. It is sufficient if it sets out the facts and legal considerations having decisive importance in the context of the decision.

10 The obligation incumbent on the Commission, when a matter is brought before it under Article 3 of Regulation No 17, is not to conduct an investigation but to examine closely the matters of fact and of law raised by the complainant in order to ascertain whether there has been any conduct of such a nature as to distort competition within the common market and to affect trade between Member States.

11 When the Community judicature annuls an act of an institution, the latter is required under Article 176 of the Treaty to take the measures necessary to comply with the judgment. In that connection, in order to comply with the judgment and to implement it fully, the institution is required to observe not only the operative part of the judgment but also the grounds which led to the judgment and constitute its essential basis, inasmuch as they are necessary to determine the exact meaning of what is stated in the operative part. It is those grounds which, on the one hand, identify the precise provision held to be illegal and, on the other, indicate the specific reasons which underlie the finding of illegality contained in the operative part and which the institution concerned must take into account when replacing the annulled measure.

Whilst Article 176 of the Treaty requires the institution concerned to prevent a decision intended to replace the contested decision from being vitiated by the same irregularities as those identified in the judgment annulling the decision, the Commission cannot be required to take a fresh position on aspects of its decision which were not called in question by that judgment.

12 The originating application must contain a summary of the pleas in law on which it is based. That statement must be sufficiently clear and specific in order to enable the defendant to prepare its defence and the Court of First Instance to adjudicate on the action, if appropriate without any other information in support. The application must therefore specify the nature of the grounds on which it is based, so that a mere abstract statement of grounds does not satisfy the requirements of the Statute or of the Rules of Procedure of the Court of First Instance.