Judgment_paragraph 54 · Deutsche Bahn AG v Commission of the European Communities (T-229/94)

54So far as concerns the material definition of the market, the Court observes that, in order to be considered the subject of a sufficiently distinct market, it must be possible to distinguish the service or the good in question by virtue of particular characteristics that so differentiate it from other services or other goods that it is only to a small degree interchangeable with those alternatives and affected by competition from them (see the judgments of the Court of Justice in Case 66/86 Ahmed Saeed Flugreisen and Silver Line Reisebüro v Zentrale zur Bekämpfung urdauteren Wettbewerbs [1989] ECR803, paragraphs 39 and 40, and Case 27/76 United Brands v Commission [1978] ECR 207, paragraphs 11 and 12, and of the Court of First Instance in Case T-30/89 Hilti v Commission [1991] ECR II-1439, paragraph 64). In that context, the degree of interchangeability between products must be assessed in terms of their objective characteristics, as well as the structure of supply and demand on the market, and competitive conditions (see the judgment of the Court of Justice in Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 37, and the judgment of the Court of First Instance in Case T-83/91 Tetra Pak v Commission [1994] ECR II-755, paragraph 63).

Deutsche Bahn AG v Commission of the European Communities (T-229/94)

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