Florimex BV and Vereniging van Groothandelaren in Bloemkwekerijprodukten v Commission of the European Communities (T-70/92, T-71/92)

Judgment of 14 May 1997

law://eu/cjeu/1992/t-70-92/para_17@2026-11-13

17On 26 July 1988, the Commission adopted Decision 88/491/EEC relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/31.379 — Bloemenveilingen Aalsmeer, OJ 1988 L 262, p. 27, hereinafter ‘the 1988 decision’). The 1988 decision concerned solely Article 5(10) and (11) of the auction rules, the trade agreements and the charges for the prevention of the irregular use of VBA facilities, namely the HFL 0.25 levy and the 10% levy, as in force until 1 May 1988 (see points 3 and 21 of the decision). In that decision, the Commission found, in particular, that:(1) the following provisions restricted competition within the meaning of Article 85(1) of the Treaty:— Article 5(10) and (11) of the auction rules (points 101 to 111),— the 10% levy (points 112 to 118),— the trade agreements (points 119 to 122), and— the HFL 0.25 levy (point 123);(2) those provisions restricted competition and affected trade between Member States to an appreciable extent (points 124 to 134);(3) Article 2 of Regulation No 26 was not applicable (points 135 to 153);(4) the conditions laid down by Article 85(3) were not fulfilled (points 156 to 159); and(5) the prohibition of the provisions at issue did not constitute an expropriation measure (points 160 to 163).

Florimex BV and Vereniging van Groothandelaren in Bloemkwekerijprodukten v Commission of the European Communities (T-70/92, T-71/92)

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