Judgment_paragraph 44 · International Express Carriers Conference (IECC) v Commission of the European Communities, La Poste, United Kingdom of Great Britain and Northern Ireland and The Post Office (C-449/98 P)

44By the third and fourth limbs of the second plea in law, which can be examined together, the IECC claims essentially that the Court of First Instance infringed the concept of Community interest in limiting its review of the Commission's assessment of the Community interest to a single, and not entirely clear, criterion, relating to the amendment ‘in a manner conducive to the general interest’ of the anticompetitive conduct of the undertakings to which the complaint was addressed, instead of verifying the criteria for assessment of the Community interest set out in paragraph 86 of Automec v Commission, cited above, and referred to by the Court of First Instance itself in paragraph 51 of the contested judgment. The Court of First Instance also failed to fulfil its obligation to review the Commission's application of the concept of Community interest and, more particularly, to ascertain whether the impugned anticompetitive conduct had actually been brought to an end and whether the effects of the anticompetitive agreement forming the subject-matter of the complaint were continuing.