Judgment_paragraph 21 · Commission of the European Communities v Volkswagen AG (C-74/04)

21In paragraph 56 of the judgment under appeal, the Court stated that the Commission's argument was clearly contradicted by the judgments of the Court of Justice in Joined Cases 32/78 and 36/78 to 82/78 BMW Belgium and Others v Commission [1979] ECR 2435 and Case C-277/87 Sandoz prodotti farmaceutici v Commission [1990] ECR I-45, and also by the judgment of the Court of First Instance in Bayer v Commission, relied on by Volkswagen in support of its action. Those judgments all confirm that, for an agreement within the meaning of Article 81(1) EC to be found to exist, it is necessary to prove a concurrence of wills. In addition, that concurrence of wills must cover particular conduct, which must, therefore, be known to the parties when they accept it.

Commission of the European Communities v Volkswagen AG (C-74/04)

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