Technische Unie v Commission (Competition) French Text [2006] EUECJ C-113/04 (21 September 2006)

Technische Unie v Commission (Competition) French Text [2006] EUECJ C-113/04 (21 September 2006)

The Court held that the Tribunal erred in law by limiting its assessment of the impact of the excessive duration of the administrative procedure on the rights of defence to the period after the statement of objections, rather than considering the entire duration. However, TU failed to demonstrate that its rights of defence were actually impaired by the delay. Therefore, the appeal was partially upheld to the extent of the legal error, but the substantive claims of TU were rejected.

Parties
Appellant: Technische Unie BV; Appellant at First Instance: Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied (FEG); Respondent at First Instance: Commission des Communautés européennes; Intervener at First Instance: CEF City Electrical Factors BV; Intervener at First Instance: CEF Holdings Ltd
Jurisdiction
European Union
Judgment Date
21 September 2006
Procedural Posture
Appeal / Judgment on Appeal From the Court of First Instance
Outcome
Appeal partially upheld (on legal error), but substantive claims rejected; judgment of the Tribunal partially annulled to the extent of the error, but TU's application otherwise dismissed.
Legal Topics
Cartels, Exclusive Dealing, Price Fixing, Rights of Defence, Reasonable Time, Administrative Procedure, Antitrust Fines
Competition Law European Union Law Cartels Exclusive Dealing Price Fixing Rights of Defence Reasonable Time Administrative Procedure +1 more

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Parties

Technische Unie BV

Appellant

Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied (FEG)

Appellant at First Instance

Commission des Communautés européennes

Respondent at First Instance

CEF City Electrical Factors BV

Intervener at First Instance

CEF Holdings Ltd

Intervener at First Instance

Procedural Posture

Appeal / Judgment on Appeal From the Court of First Instance

Legal Issues

  1. 1 Whether the excessive duration of the administrative procedure violated the rights of defence of TU and justified annulment or reduction of the fine
  2. 2 Whether the Tribunal erred in its assessment of TU's participation in the anti-competitive agreements
  3. 3 Whether the Tribunal erred in the determination of the duration of the infringements and the calculation of the fine

Ratio Decidendi

The Court held that the Tribunal erred in law by limiting its assessment of the impact of the excessive duration of the administrative procedure on the rights of defence to the period after the statement of objections, rather than considering the entire duration. However, TU failed to demonstrate that its rights of defence were actually impaired by the delay. Therefore, the appeal was partially upheld to the extent of the legal error, but the substantive claims of TU were rejected.

Court Disposition

Appeal partially upheld (on legal error), but substantive claims rejected; judgment of the Tribunal partially annulled to the extent of the error, but TU's application otherwise dismissed.

Orders

  • Partial annulment of the judgment of the Court of First Instance as regards the assessment of the impact of the duration of the administrative procedure on rights of defence.
  • TU's application otherwise dismissed.