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Order of the Court (Sixth Chamber) of 16 February 2006. # Adriatica di Navigazione SpA v Commission of the European Communities. # Appeal - Article 85(1) of the EC Treaty (now Article 81(1) EC) - Competition - Cartels - Agreement between undertakings - Proof of participation of an undertaking in a cartel. # Case C-111/04 P.
ECLI:EU:C:2006:105
62004CO0111
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(Case C-111/04 P)
Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Proof of participation of an undertaking in a cartel
3. Appeals – Grounds of appeal – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Excluded unless the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 49, 62)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 11 December 2003 in Case T-61/99 Adriatica di Navigazione v Commission, dismissing as unfounded an action for the annulment of the Commission decision of 9 December 1998 relating to a proceeding under Article 85 of the EC Treaty (IV/34466 – Greek Ferry Boats)
Operative part:
The Court:
1.Dismisses the appeal;
2.Dismisses the cross-appeal of the Commission of the European Communities;
3.Orders Adriatica di Navigazione SpA to pay 90% of the costs;
4.Orders the Commission of the European Communities to pay 10% of the costs.