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

Judgment of 31 Jan 2001

law://eu/cjeu/1997/t-197-97/para_58@2026-11-14

58The Commission contends, first, that in the context of an application made pursuant to Article 3 of Regulation No 17, it is not for the Commission to give a definitive ruling on the applicability of Article 85(1) of the Treaty; it need only evaluate the nature and importance of the case with a view to determining whether it involves a measure of Community interest sufficient to take up the complaint (Case T-77/95 SFEI and Others v Commission [1997] ECR II-l, paragraphs 29 and 46). Its decisions, adopted within that framework, are therefore based on a comparative assessment: the nature and seriousness of the restriction allegedly placed on competition are balanced against the Community interest at stake. Even if that analysis is not set out in so many words in the body of the contested decisions, it is reflected in their findings.

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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