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Case T-491/07 RENV: Judgment of the General Court of 30 June 2016 — CB v Commission (Competition — Decision by an association of undertakings — Market for the issue of payment cards in France — Decision finding an infringement of Article 81 EC — Pricing measures applicable to ‘new entrants’ — Membership fee, mechanism for ‘regulating the acquiring function’, and ‘dormant member “wake-up” mechanism’ — Relevant market — Restriction of competition by effect — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty)
ECLI:EU:UNKNOWN:62007TA0491(01)
62007TA0491(01)
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22.8.2016
Official Journal of the European Union
C 305/22
(Case T-491/07 RENV) (<span class="super">1</span>)
((Competition - Decision by an association of undertakings - Market for the issue of payment cards in France - Decision finding an infringement of Article 81 EC - Pricing measures applicable to ‘new entrants’ - Membership fee, mechanism for ‘regulating the acquiring function’, and ‘dormant member “wake-up” mechanism’ - Relevant market - Restriction of competition by effect - Article 81(3) EC - Manifest errors of assessment - Principle of sound administration - Proportionality - Legal certainty))
(2016/C 305/30)
Language of the case: French
Parties
Applicant: Groupement des cartes bancaires (CB) (Paris, France) (represented by: F. Pradelles and J. Ruiz Calzado, lawyers)
Defendant: European Commission (represented by: V. Bottka and B. Mongin, Agents)
Interveners in support of the applicant: BNP Paribas (Paris) (represented by: O. de Juvigny and J. Caminati, lawyers); BPCE, formerly Caisse Nationale des Caisses d’Epargne et de Prévoyance (CNCEP) (Paris) (represented by: A. Choffel and S. Hautbourg, lawyers); and Société générale (Paris) (represented by: P. Guibert and P. Patat, lawyers)
Subject matter
Application under Article 263 TFEU seeking the annulment of Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 [EC] (COMP/D1/38606 — Groupement des cartes bancaires ‘CB’).
Operative part of the judgment
The Court hereby:
1.Annuls Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 [EC] (COMP/D1/38606 — Groupement des cartes bancaires ‘CB’) in so far as the European Commission ordered the Groupement, in Article 2, ‘in future to refrain from any act or any conduct having an identical or similar object’;
2.Dismisses the action as to the remainder;
3.Orders Groupement des cartes bancaires (CB) and the Commission to bear their own respective costs, including those incurred in the proceedings before the Court of Justice;
4.Orders BNP Paribas, BPCE and Société générale to bear their own respective costs, including those incurred in the proceedings before the Court of Justice.
(<span class="super">1</span>) OJ C 64, 8.3.2008.
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