Decision finding inapplicability Effects

Decision finding inapplicability Effects

Decision finding inapplicability: Effects of Article 10 Decisions

Although an Article 10 Decision is declaratory in nature (as a corollary of the legal exception system), it is nonetheless capable of producing the legal effects laid down in Article 16 of Regulation 1/2003.

More about Decision finding inapplicability Effects

It results from the Masterfoods 1 judgment of the Court of Justice and of its codification in Article 16 of Regulation 1/2003 that Commission decisions have EU-wide legally binding effect. This binding effect is equally extended to decisions based on Article 10. In concrete terms, when national courts rule on agreements or practices which are the subject of a Commission decision, they cannot take decisions running counter to that decision, unless they first refer to the Court of Justice for a preliminary ruling on the validity of that decision. They must also avoid decisions which would conflict with a decision contemplated by the Commission.

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The Article 10 Decision is of a declaratory nature, and based on the circumstances known to the Commission at the moment of its adoption and explained in some detail in the decision. If the circumstances change to an extent that materially affects the findings set out in the decision, it does not need to be revoked, but simply may no longer be invoked by the parties to their benefit, and will no longer block national proceedings within the meaning of Article 16 of Regulation 1/2003.

Resources

See Also

References

  • Information about Decision finding inapplicability Effects in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Notes


[Note 1]
Judgement of 14 December 2000, C-344/98 Masterfoods, [2000] ECR I-11369, paragraphs 51 ss.

Further Reading

  • Information about Decision finding inapplicability Effects in “An Introduction to EU Competition Law”, Moritz Lorenz (Cambridge University Press)

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