Jungbunzlauer v Commission (Competition) French Text [2006] EUECJ T-43/02 (27 September 2006)

Jungbunzlauer v Commission (Competition) French Text [2006] EUECJ T-43/02 (27 September 2006)

Article 15(2) of Regulation No 17 does not violate the principle of legality. The provision, interpreted in light of EU and ECHR jurisprudence, provides a sufficiently clear and predictable framework for the imposition of fines, including upper and lower limits and criteria of gravity and duration. The Commission's...

Source-derived case information.

Parties
Applicant: Jungbunzlauer AG; Respondent: Commission des Communautés européennes; Intervener: Conseil de l'Union européenne
Jurisdiction
European Union
Procedural Posture
Application for Annulment and Reduction of Fine (competition Law) / Judgment at First Instance (tribunal De Première Instance)
Outcome
application dismissed
Legal Topics
Cartels, Fines and Penalties, Principle of Legality, Proportionality, Ne Bis in Idem, Access to File
Competition Law European Union Law Administrative Law Cartels Fines and Penalties Principle of Legality Proportionality Ne Bis in Idem +1 more

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Parties

Jungbunzlauer AG

Applicant

Commission des Communautés européennes

Respondent

Conseil de l'Union européenne

Intervener

Procedural Posture

Application for Annulment and Reduction of Fine (competition Law) / Judgment at First Instance (tribunal De Première Instance)

  1. 1 Whether Article 15(2) of Regulation No 17 violates the principle of legality by not sufficiently predetermining the Commission's decision-making practice regarding fines
  2. 2 Whether the fine imposed on Jungbunzlauer AG was lawful and proportionate
  3. 3 Whether the Commission erred in attributing liability to Jungbunzlauer AG for conduct prior to 1993

Ratio Decidendi

Article 15(2) of Regulation No 17 does not violate the principle of legality. The provision, interpreted in light of EU and ECHR jurisprudence, provides a sufficiently clear and predictable framework for the imposition of fines, including upper and lower limits and criteria of gravity and duration. The Commission's discretion is not unlimited and is subject to judicial review and the requirement to state reasons. The fine imposed on Jungbunzlauer AG was lawful and proportionate, and procedural rights were respected.

Court Disposition

application dismissed

Orders

  • The application for annulment is dismissed.
  • The application for reduction of the fine is dismissed.