Cementir-Cementerie del Tirreno SpA v Commission of the European Communities (Inadmissibility) [1998] EUECJ T-116/95 (10 June 1998)
The Commission's letter rejecting the request for reduction of the fine is a confirmatory act and does not affect the applicant's legal position; therefore, the applicant has no standing to contest it.
Source-derived case information.
- Citation
- [1998] EUECJ T-116/95
- Parties
- Applicant: Cementir - Cementerie del Tirreno SpA; Respondent: Commission of the European Communities
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Inadmissibility Order
- Outcome
- inadmissible
- Legal Topics
- Confirmatory Act, Lis Pendens, Standing, Actionable Measures
Source-derived case record
Summary, issues, holding and outcome
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Parties
Cementir - Cementerie del Tirreno SpA
Applicant
Commission of the European Communities
Respondent
Procedural Posture
Action for Annulment / Inadmissibility Order
Legal Issues
- 1 Whether a Commission letter rejecting a request for reduction of a fine constitutes an actionable measure
- 2 Whether the applicant has standing to contest the Commission's letter
Ratio Decidendi
The Commission's letter rejecting the request for reduction of the fine is a confirmatory act and does not affect the applicant's legal position; therefore, the applicant has no standing to contest it.
Court Disposition
inadmissible
Orders
- The action is dismissed as inadmissible.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Cementir-Cementerie del Tirreno SpA v Commission of the European Communities (Inadmissibility) [1998] EUECJ T-116/95 (10 June 1998) URL: https://www.bailii.org/eu/cases/EUECJ/1998/T11695.html Cite as: [1998] EUECJ T-116/95 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61995B0116 Order of the Court of First Instance (Fourth Chamber, extended composition) of 10 June 1998. Cementir - Cementerie del Tirreno SpA v Commission of the European Communities. Inadmissibility - Confirmatory act - Lis pendens. Case T-116/95. European Court reports 1998 Page II-02261 Actions for annulment - Actionable measures - Commission letter rejecting a request for reduction of the amount of a fine imposed in a decision applying the competition rules and stating the reasons for that amount - Confirmatory decision - Exclusion (EC Treaty, Art. 173) An undertaking which has brought an action against a decision imposing on it a fine for infringement of the Community competition rules has no standing to contest a letter in which the Commission rejects its request to have the amount of that fine reduced and states the reasons for that amount. Such a letter merely confirms the decision imposing the fine and does not affect the undertaking's legal position resulting from the adoption of the decision. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1998/T11695.html