Europa Measures adopted by an institution – decision – concept (EEC treaty, article 189) 2. Policy of the EEC – rules on competition applicable to undertakings – infringements – fines – exemption – refusal by the commission – procedure to be followed before giving a refusal – statement of reasons (EEC treaty, articles 85, 86; regulation no 17 of the council of the EEC, article 15, paragraphs 5 and 6) 1. When a community institution unequivocally adopts a measure the legal effects of which are binding on those to whom it is addressed and affect their interests, this measure by its very nature constitutes a decision. 2. The commission must proceed by way of a decision when it excludes an agreement from the benefit of an exemption from a fine under article 15(5) of regulation no 17 and declares on the basis of article 15(6) of the said regulation that article 85(1) of the treaty applies, and that application of article 85(3) is not justified. The commission must consider the facts of the case, and apply to them the terms of article 85(1)(3). It must expressly find that the agreement in question contains all the constituent elements prescribed by article 85(1) and that application of article 85(3) is not justified. The commission must give reasons for this decision with sufficient clarity to allow the court and all parties concerned to ascertain whether the provisions mentioned above have been applied correctly.
Citations:
C-8/66
European
Updated: 10 April 2022; Ref: scu.131824
