Actions for annulment – Pleas in law – Error of fact underlying a decision applying the competition rules – Annulment of the decision – (EC Treaty, Art. 85; Council Regulation No 1017/68, Art. 5)
A decision which applies the competition rules to an agreement between undertakings in the rail transport sector must be annulled if the legal reasoning applied by the Commission in assessing the anti-competitive effects of that agreement and in examining it in the light of Article 85(3) of the Treaty, Article 5 of Regulation No 1017/68 applying the rules of competition to transport by rail, road and inland waterways and Article 53(3) of the Agreement on the European Economic Area is based on an error of fact.
CP Briet P
T-79/95, [1996] EUECJ T-79/95
Bailii
Council Regulation No 1017/68
Citing:
Interim measures – SNCF and British Railways v Commission ECFI 12-May-1995
ECFI Applications for interim measures – Suspension of operation of a measure – Suspension of operation of a competition decision – Conditions for granting – Serious and irreparable damage – Concept – Uncertain . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 12 November 2021; Ref: scu.510708
