Judgment_paragraph 121 · CMA CGM and Others v Commission of the European Communities (T-213/00)

121Second, from its knowledge of the maritime transport sector, the Commission could not have been unaware of the concern of maritime carriers at the time that quoting all-in tariffs might lead to below-cost pricing. It was against that background that, on 1 January 1990, the members of the FEFC introduced a new five-part tariff, NT 90, in which additionals are clearly broken down and quoted separately from sea freight and inland freight. The Commission recognised the benefits of such provisions in Decision 94/985. Furthermore, the question of all-in tariffs and prevention of below-cost pricing was also addressed in discussions held with the Commission in the context of proceedings relating to the Trans-Atlantic Agreement (order of the President of the Court of First Instance of 22 November 1995 in Case T-395/94 R II Atlantic Container Line and Others v Commission [1995] ECR II-2893) and the Trans-Atlantic Conference Agreement (Case IV/37.396).