COMPAGNIE MARITIME BELGE V COMMISSION

Case T-276/04, NYR, European Court of Justice, Fourth Chamber, 1 July 2008

Competition – Abuse of dominant position – Liner conferences – Imposition of fine – Claimant seeking annulment of decision imposing a fine for abuse of dominant position or a reduction in the resulting damages – EC Treaty Article 82 – Regulation (EEC) No 2988/74 of the Council of 26 November 1974 concerning limitation periods in proceedings and the enforcement of sanctions under the rules of the European Economic Community relating to transport and competition

In a decision in 1992, the Commission had decided to impose fines on members of a liner conference (CEWAL) for various abuses of dominant position. The claimant was one of those members. In 2000, the Commission’s decision was annulled by the European Court of Justice to the extent that it imposed a fine on the members, because they had not been properly notified of the claim; but upheld the decision in relation to the liability of the liner conference. In 2003, the Commission issued a new decision imposing a fine on the members, relying on the thus established abuses of dominant position. In the present action, the claimant requested the annulment of the Commission’s latter decision, or alternatively a reduction in the resulting fine advancing eight separate arguments. The court rejected each of the eight arguments and dismissed the appeal, declining to reduce the fine. [As of 7 July 2008, the judgment is available in French only]