JUDGMENT OF 8. 11. 1983 — JOINED CASES 96 TO 102, 104, 105, 108 AND 110/82 IAZ v COMMISSION

In Joined Cases 96 to 102, 104, 105, 108 and 110/82,

THE COURT composed of: J. Mertens de Wilmars, President, T. Koopmans, K. Bahlmann and Y. Galmot (Presidents of Chambers), P. Pescatore, Lord Mackenzie Stuart, A. O'Keeffe, G. Bosco, O. Due, U. Everling and C. Kakouris, Judges, Advocate General: P. VerLoren van Themaat Registrar: P. Heim

gives the following

JUDGMENT

Facts and Issues

I — Facts and written procedure

A — Background to the Agreement of 13 December 1978

B — The Agreement of 13 December 1978

C — Implementation of the Agreement

D — Procedure prior to the adoption of the contested decision

E — The contested decision

1. Operative part

2. Statement of reasons

(a) Article 85 (1) of the EEC Treaty

(b) Article 85 (3) of the EEC Treaty

(c) Article 90 (2) of the EEC Treaty

(d) Article 3 (1) of Regulation No 17

(e) Article 15 (2) of Regulation No 17

F — Procedure before the Court

II — Conclusions of the parties

III — Submissions and arguments of the parties

A — Procedural submissions

1. Infringement of the rights of the defence and of essential procedural requirements (Articles 2 (1) and 4 of Regulation No 99/63)

2. Breach of the principles of good administration

B — Submissions concerning the application of Article 85 (1) of the EEC Treaty

(1) Agreements between undertakings

(2) Purpose of restricting competition

(3) Appreciable restrictive effects on competition

(4) Appreciable effect on trade between Member States

C — Submissions concerning the non-application of Article 85 (3) of the Treaty

D — Submissions concerning the imposition of fines

(1) Prohibition of the imposition of a fine in respect of agreements exempt from the requirement of notification

(2) Absence of intent or negligence

(3) Incorrect calculation of the amount of the fine

IV — Answer to a question put by the Court

V — Oral procedure

Decision

Infringement of the rights of the defence and of essential procedural requirements

Breach of the principles of good administration

Applicability of Article 85 (1) of the Treaty

Non-application of Article 85 (3) of the Treaty

The fines

Costs