Villiger Sohne GmbH v Council of the European Union. (Action for annulment) [2003] EUECJ T-154/02 (30 April 2003)
The action was manifestly inadmissible because the findings of fact and law had already been settled by a prior judgment and were not affected by partial annulment.
Source-derived case information.
- Citation
- [2003] EUECJ T-154/02
- Parties
- Applicant: Villiger Söhne GmbH; Respondent: Council of the European Union
- Jurisdiction
- European Union
- Procedural Posture
- Action for Annulment / Order on Manifest Inadmissibility
- Outcome
- Action dismissed as manifestly inadmissible
- Legal Topics
- Fines Determination, Principle of Equal Treatment, Res Judicata, Partial Annulment
Source-derived case record
Summary, issues, holding and outcome
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Parties
Villiger Söhne GmbH
Applicant
Council of the European Union
Respondent
Procedural Posture
Action for Annulment / Order on Manifest Inadmissibility
Legal Issues
- 1 Whether the action for annulment is admissible
- 2 Determination of fines under the principle of equal treatment
- 3 Effect of partial annulment on res judicata
Ratio Decidendi
The action was manifestly inadmissible because the findings of fact and law had already been settled by a prior judgment and were not affected by partial annulment.
Court Disposition
Action dismissed as manifestly inadmissible
Orders
- Action for annulment is dismissed
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) >> Villiger Sohne GmbH v Council of the European Union. (Action for annulment) [2003] EUECJ T-154/02 (30 April 2003) URL: https://www.bailii.org/eu/cases/EUECJ/2003/T15402.html Cite as: [2003] EUECJ T-154/2, [2003] EUECJ T-154/02 [ 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. 62002B0154 Order of the Court of First Instance (Third Chamber) of 30 April 2003. Villiger Söhne GmbH v Council of the European Union. Action for annulment - Manifest inadmissibility. Case T-154/02. European Court reports 2003 Page II-01921 1 Competition - Fines - Amount - Determination thereof - Principle of equal treatment - Same method for undertakings which participated in an agreement 2 Procedure - Res judicata - Judgment of the Court of First Instance - Effect of partial annulment Scope 1 In accordance with the principle of equal treatment, it is necessary to determine the amount of the fines imposed on undertakings which participated in an agreement or a concerted practice contrary to Article 85(1) of the Treaty (now Article 81(1) EC) according to the same method unless objective justification is put forward which makes it possible not to follow that method. (see para. 65) 2 Findings on points of fact and of law are definitive, since those points were settled by a judgment of the Court of First Instance and are not affected by the fact that that judgment was set aside in part. (see para. 70) © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/2003/T15402.html