Roger Tremblay and François Lucazeau and Harry Kestenberg v Commission of the European Communities (T-5/93)

Judgment of 24 Jan 1995

law://eu/cjeu/1993/t-5-93/para_62@2026-11-13

62As regards the third limb of the plea, alleging an error on the part of the Commission in its evaluation of the Community interest concerned, it should be borne in mind that the Court made it clear in its judgment in Automec II that, in order to assess the Community interest in further investigation of a case, the Commission must take account of the circumstances of the case and in particular the matters of fact and law to which its attention is drawn in the complaint submitted to it. It must, in particular, balance the significance of the alleged infringement as regards the functioning of the common market, the probability of its being able to establish the existence of the infringement and the extent of the investigative measures required for it to perform, under the best possible conditions, its task of making sure that Articles 85 and 86 are complied with (paragraph 86). The fact that a national court or national competition authority is already dealing with a case concerning the compatibility of an agreement or practice with Article 85 or 86 of the Treaty is a factor which the Commission may take into account in evaluating the extent to which a case displays a Community interest. Contrary to the applicants' assertion, the right to take account of the fact that a case has been brought before national courts as a relevant criterion for evaluation of the Community interest in further examination of a case is not limited to cases where there is a single action pending between the complainant and the subject of the complaint.

Roger Tremblay and François Lucazeau and Harry Kestenberg v Commission of the European Communities (T-5/93)

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