Judgment of the Court of First Instance of 11 July 2007 - Alrosa v Commission
(Competition - Abuse of a dominant position - World market for the production and supply of rough diamonds - Decision making binding the commitments proposed by the undertaking in a dominant position - Article 9 of Regulation (EC) No 1/2003 - Principle of proportionality - Contractual freedom - Right to be heard)
Language of the case: English
Parties
Applicant: Alrosa Company Ltd (Mirny, Russia) (represented by: R. Subiotto, S. Mobley and K. Jones, lawyers)
Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre, A. Whelan and R. Sauer, Agents)
Re:
Annulment of Commission Decision 2006/520/EC of 22 February 2006 relating to a proceeding pursuant to Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/B-2/38.381 - De Beers) (OJ 2006 L 205, p. 24) making binding the commitments given by De Beers to bring to an end its purchases of rough diamonds from Alrosa with effect from 2009, after a period of progressive reduction of the amounts purchased by it from 2006 to 2008, and bringing the proceedings to an end in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).
Operative part of the judgment
The Court:
Annuls Commission Decision 2006/520/EC of 22 February 2006 relating to a proceeding pursuant to Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/B-2/38.381 - De Beers);
Orders the Commission to pay its own costs and those incurred by Alrosa Company Ltd.
____________1 - OJ C 212, 2.9.2006.