Tomra Systems ASA and Others v European Commission (C-549/10 P)
law://eu/cjeu/2010/c-549-10/para_17@2026-11-13
Key facts
Court
Court of Justice · Third Chamber
Case
C-549/10 P · ECLI:EU:C:2012:221
Decided
19 Apr 2012
Procedure
Action for annulment
Applicants
Tomra Systems ASA; Tomra Europe AS and 5 moreTomra Systems GmbH; Tomra Systems BV; Tomra Leergutsysteme GmbH; Tomra Systems AB; Tomra Butikksystemer AS
Defendant
European Commission
Rapporteur
R. Silva de Lapuerta
Advocate General
J. Mazák
Bench
5 judgesK. Lenaerts, R. Silva de Lapuerta, E. Juhász, G. Arestis, T. von Danwitz
17In order to assess whether this ground of appeal is well founded, it must be recalled that the concept of abuse of a dominant position prohibited by Article 102 TFEU is an objective concept relating to the conduct of a dominant undertaking which, on a market where the degree of competition is already weakened precisely because of the presence of the undertaking concerned, through recourse to methods different from those governing normal competition in products or services on the basis of the transactions of commercial operators, has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition (see Case C-52/09TeliaSonera [2011] ECR I-527, paragraph 27 and case-law cited).