Agreements, decisions and concerted practices Appeal Action for annulment Time Service station market in Spain Long term exclusive fuel supply agreements Commission decision Right of purchase granted to certain service stations Conditions of supply by Repsol List of the service stations concerned limits for commencing proceedings Starting point
Sumário
Judgment of the Court (Seventh Chamber) of 11 November 2010.
Transportes Evaristo Molina SA v European Commission.
Appeal - Agreements, decisions and concerted practices - Service station market in Spain - Long-term exclusive fuel supply agreements - Commission decision - Right of purchase granted to certain service stations - Conditions of supply by Repsol - List of the service stations concerned - Action for annulment - Time-limits for commencing proceedings - Starting point.
Case C-36/09 P.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 11 November 2010 – Transportes Evaristo Molina v Commission
(Case C‑36/09 P)
Appeal – Agreements, decisions and concerted practices – Service station market in Spain – Long-term exclusive fuel supply agreements – Commission decision – Right of purchase granted to certain service stations – Conditions of supply by Repsol – List of the service stations concerned – Action for annulment – Time-limits for commencing proceedings – Starting point
1. Actions for annulment – Time-limits – Point from which time starts to run –Date of publication of the measure at issue – Interested person concerned later – No effect (Art. 230, fifth para., EC; Rules of Procedure of the General Court, Art. 102(1)) (see paras 37-40)
2. Procedure – Time-limit for instituting proceedings – Claim barred by lapse of time – Unforeseeable circumstances or force majeure – Concepts that cannot concern the point from which time starts to run (Statute of the Court of Justice, Art. 45, second para.) (see paras 40, 43)
Re:
| Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 14 November 2008 in Case T‑45/08 | Transportes Evaristo Molina | v | Commission | , by which that court dismissed the action for annulment of Commission Decision 2006/446/EC of 12 April 2006 relating to a proceeding pursuant to Article 81 EC (Case COMP/B-1/38348 – Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1). |
Operative part
The Court:
|
1. |
Dismisses the appeal; |
|
2. |
Orders Transportes Evaristo Molina, SA to pay the costs. |