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Judgment of the Court of First Instance (Third Chamber, extended composition) of 24 September 1996. # National Association of Licensed Opencast Operators v Commission of the European Communities. # ECSC Treaty - Competition - National undertaking owning coal reserves and enjoying a statutory monopoly on the granting of extraction licences - Consideration on the part of the licensee represented by payment of a royalty or supply of the coal to the licensor - Rate of royalties levied - Price of coal supplied - Whether compatible with the ECSC Treaty. # Case T-57/91.
ECLI:EU:T:1996:125
61991TJ0057
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61991A0057
European Court reports 1996 Page II-01019
Summary
Keywords
(ECSC Treaty, Art. 33)
(ECSC Treaty, Art. 33)
3. ECSC ° Provisions relating to cartels and the abuse of dominant position ° Extraction licences for unworked coal ° Rate of royalty fixed by a producer ° Whether possible to consider it solely in the light of the provisions on abuse of a dominant position, to the exclusion of those relating to cartels ° Provisions relating to pricing practices not applicable
(ECSC Treaty, Arts 4(d), 60, 65 and 66(7))
Summary
3. Just as the Commission is entitled, under the EC Treaty, to conduct infringement proceedings on the basis of Article 85 or Article 86 with regard to a contract imposing on the contracting partners of an undertaking in a dominant position obligations which amount to abuse of a dominant position, and which could also fall under Article 85, in particular Article 85(3), so it is also entitled, under the ECSC Treaty, to consider a royalty rate, fixed for the granting of extraction licences by a producer having the exclusive right to treat and extract coal, in the light of Article 66(7) of the ECSC Treaty alone, without ruling on whether such a royalty rate is lawful under Article 65 of that Treaty. Furthermore, since Article 66(7) of the ECSC Treaty gives effect to Article 4(d) of that Treaty, which applies only in the absence of more specific rules, a decision which, after an examination of that royalty rate, is expressly based only on the first of those articles in rejecting a complaint must be regarded as having applied those two articles at the same time. Where such provisions are restated or elaborated on in other articles of the Treaty, texts relating to one and the same provision must be considered as a whole and applied together. In any event, examination of the royalty rate does not come under Article 60 of the ECSC Treaty. Since that provision relates only to unfair and discriminatory product-pricing practices, it does not apply to coal-extraction licences issued by the producer. The latter cannot be regarded as engaged in the sale of products where it grants licences to extract coal.