Judgment_paragraph 41 · Weyl Beef Products BV, Exportslachterij Chris Hogeslag BV and Groninger Vleeshandel BV v Commission of the European Communities (T-197/97, T-198/97)

41Lastly, they point out that the Court of Justice has held that where certain agreements between undertakings are contrary to Article 85, the fact that a Member State makes them generally binding or extends their application to undertakings which do not belong to the cartel does not mean that Article 85(1) of the Treaty has not been infringed by the undertakings (see, to that effect, Case 123/83 Clair [1985] ECR 391, paragraph 23). Moreover, there is nothing to preclude an undertaking which makes an application pursuant to Article 3(2) of Regulation No 17 from asking the Commission also to find that Articles 3, 5 and 85 of the Treaty have been infringed and to take the appropriate steps under Article 169 of the Treaty.

Weyl Beef Products BV, Exportslachterij Chris Hogeslag BV and Groninger Vleeshandel BV v Commission of the European Communities (T-197/97, T-198/97)

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