Judgment of the Court of First Instance (Second Chamber) 15 July 1994

In Case T-17/93,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), composed of: J. L. Cruz Vilaça, President, C. P. Briët, D. P. M. Barrington, A. Saggio and J. Biancarelli, Judges, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 28 June 1994,

gives the following

Judgment

Facts

The main characteristics of the project

The pre-litigation procedure

Procedure

The forms of order sought

Pleas in law and arguments of the parties

The formal legality of the Decision

— The first plea of formal illegality: breach of the general principle that the rights of the defence must he observed

Summary of the parties' arguments

Findings of the Court

— The second plea of formal illegality: the Commission prejudged its decision

Summary of the parties' arguments

Findings of the Court

— The third plea of formal illegality: inadequate statement of reasons

Summary of the parties' arguments

Findings of the Court

The substantive legality of the Decision

The first plea of substantive illegality: manifest errors of appraisal constituting an infringement of Article 85 of the Treaty

The first limb of the plea in law, concerning the adverse effect of the joint venture on competition in the relevant market.

— Summary of the parties' arguments

— Findings of the Court

— Whether the joint venture contributes to the achievement of economic and technical progress

(i) Summary of the parties' arguments

(ii) Findings of the Court

— Whether the agreement provides consumers with a fair share of the resulting benefit

(i) Summary of the parties' arguments

(ii) Findings of the Court

— Whether the restrictions on competition deriving from the agreement are indispensable

(i) Summary of the parties' arguments

(ii) Findings of the Court

— Whether the implementation of the agreement is liable to eliminate competition for a substantial part of the products in question

(i) Summary of parties' arguments

(ii) Findings of the Court

The second plea of substantive illegality: error of law and infringement of Article 85

Summary of the parties' arguments

Findings of the Court

The third plea of substantive illegality: error of law and infringement of Article 86 of the Treaty

Summary of the parties' arguments

Findings of the Court

The fourth plea of substantive illegality: misuse of powers and procedure

Summary of the parties' arguments

Findings of the Court

Costs

1 Language of the case: French.