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Opinion of Mr Advocate General Mazák delivered on 16 October 2008.#Coop de France bétail et viande (C-101/07 P) and Fédération nationale des syndicats d’exploitants agricoles (FNSEA) and Others (C-110/07 P) v Commission of the European Communities.#Appeals - Competition - Market in beef and veal - Agreement between national federations of farmers and slaughterers with the object of suspending imports of beef and veal and fixing a minimum purchase price - Fines - Regulation No 17 - Article 15(2) - Taking into account of the turnover of undertakings which are members of the federations.#Joined cases C-101/07 P and C-110/07 P.
ECLI:EU:C:2008:568
62007CC0101(01)
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OPINION OF ADVOCATE GENERAL
delivered on 16 October 2008 1
(Joined Cases C‑101/07 P and C‑110/07 P)
Coop de France Bétail et Viande, formerly Fédération nationale de la coopération bétail et viande (FNCBV)
(Reopening of the oral procedure – Appeal – Competition – Article 81(1) EC – Agreement, decision or concerted practice – Beef and veal – Suspension of imports – Fixing of a union price scale – Fines – Determination of legal maximum of fine – Article 15(2) of Regulation No 17 – Taking into account of turnover of members of an association of undertakings)
1.By their appeals, Coop de France bétail et viande, formerly Fédération nationale de coopération bétail et viande (C‑101/07 P), and Fédération nationale des syndicats d’exploitants agricoles, Fédération nationale bovine, Fédération nationale des producteurs de lait and Jeunes agriculteurs (C‑110/07 P) are seeking to have set aside the judgment of the Court of First Instance of the European Communities in Joined Cases T‑217/03 and T‑245/03 FNCBV and Others v Commission [2006] ECR II‑4987, by which that court, first, reduced the fine imposed on them by the Commission of the European Communities by Decision 2003/600/EC of 2 April 2003 relating to a proceeding pursuant to Article 81 of the EC Treaty (Case COMP/C.38.279/F3 – French beef) (OJ 2003 L 209, p. 12) and, secondly, dismissed for the most part the actions for annulment of that decision.
2.By decision of 29 January 2008, the Court assigned the two cases to the Third Chamber, composed of A. Rosas, President of the Third Chamber, U. Lõhmus (Rapporteur), J. Klučka, A. Ó Caoimh and P. Lindh, Judges. Since none of the parties requested an oral hearing, the Court decided to proceed to judgment without one.
3.I delivered my first Opinion in the present cases on 17 April 2008, on which date the oral procedure was closed.
4.Since P. Lindh was prevented from attending, the Court (Third Chamber), by order of 2 October 2008, decided to replace her by J.N. Cunha Rodrigues and reopened the oral procedure, in accordance with Article 61 of the Rules of Procedure.
5.Since no new hearing was held, I have nothing to add to my Opinion of 17 April 2008.
Conclusion
6.I am therefore of the opinion that the Court should:
(1) dismiss the appeals;
(2) order Coop de France bétail et viande to pay the costs in Case C‑101/07 P and order Fédération nationale des syndicats d’exploitants agricoles, Fédération nationale bovine, Fédération nationale des producteurs de lait and Jeunes agriculteurs to pay the costs in Case C‑110/07 P;
(3) order the French Republic to bear its own costs.
1 – Original language: French.