Under (what is now) TFEU article 101, the Council adopted Regulation 17, imposing fines on cartels, with exemptions for agreements that appeared economically beneficial. A restrictive agreement had to be notified to the commission, to decide if it was anti-competitive or exempt. Because this procedure took time, article 15(5) said undertakings had immunity from fines when the agreement was notified until the commission's decision. But under article 15(6) the immunity would not apply after the Commission informed undertakings of their preliminary examination. The Noordwijk Cement companies got a letter under article 15(6) saying their immunity ceased, and it brought an action to quash the decision. The Commission argued their decision was not an ‘act’ that could be quashed, and was a mere opinion.
Judgmentedit
The Court of Justice held that the decision was an act, by removing immunity under article 15(5).
91 This measure deprived them of the advantages of a legal situation which Article 15(5) attached to the notification of the agreement, and exposed them to a grave financial risk.
société, anonyme, cimenteries, cementsbedrijven, commission, 1967, case, case, concerning, judicial, review, european, union, noordwijks, cement, accoordcourteuropean, court, justicecitation, 1967, case, 66keywordsjudicial, review, contents, facts, judgment, a. Societe anonyme Cimenteries CBR Cementsbedrijven NV v Commission 1967 Case 8 66 is an EU law case concerning judicial review in the European Union Noordwijks Cement AccoordCourtEuropean Court of JusticeCitation s 1967 Case 8 66KeywordsJudicial review Contents 1 Facts 2 Judgment 3 See also 4 Notes 5 ReferencesFacts editUnder what is now TFEU article 101 the Council adopted Regulation 17 imposing fines on cartels with exemptions for agreements that appeared economically beneficial A restrictive agreement had to be notified to the commission to decide if it was anti competitive or exempt Because this procedure took time article 15 5 said undertakings had immunity from fines when the agreement was notified until the commission s decision But under article 15 6 the immunity would not apply after the Commission informed undertakings of their preliminary examination The Noordwijk Cement companies got a letter under article 15 6 saying their immunity ceased and it brought an action to quash the decision The Commission argued their decision was not an act that could be quashed and was a mere opinion Judgment editThe Court of Justice held that the decision was an act by removing immunity under article 15 5 91 This measure deprived them of the advantages of a legal situation which Article 15 5 attached to the notification of the agreement and exposed them to a grave financial risk See also editEuropean Union lawNotes editReferences edit Retrieved from https en wikipedia org w index php title Societe anonyme Cimenteries CBR Cementsbedrijven NV v Commission amp oldid 1144215541, wikipedia, wiki, book, books, library,
