Competition - Regulation (EEC) No 4056/86 - Investigations carried out at company premises other than those of the company to which the investigation decision is addressed - Article 85(1) of the EC Treaty (now Article 81(1) EC) - State regulation on maritime transport and the practice of State authorities - Applicability of Article 85 of the Treaty - Whether infringing conduct may be imputed - Fines - Application of the guidelines on calculating fines.

«(Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article 85 of the Treaty – Whether infringing conduct may be imputed – Fines – Application of the guidelines on calculating fines)» Summary of the Judgment 1.. Actions for annulment of measures – Pleas in law – Unlawfulness of an investigation by the Commission – Acknowledgment by the applicant undertaking of certain facts revealed by documents obtained during the investigation – No effect on the interest in raising the plea (Art. 230 EC) 2.. Competition – Fines – Amount – Reduction in fine in exchange for cooperation – Actions for annulment – Fresh review of the size of the reduction – Excluded (Council Regulation No 17, Art. 15) 3.. Community law – Principles – Rights of the defence – Compliance during administrative procedure (Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18) 4.. Competition – Administrative procedure – Powers of the Commission in investigations – Limits – Protection against arbitrary or disproportionate intervention by the public authority (Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18) 5.. Competition – Administrative procedure – Powers of the Commission in investigations – Scope – Access to the premises of undertakings – Limits – Indication of the subject-matter and purpose of the investigation – Right to bring an action before the Community judicature (Council Regulations Nos 17, Art. 14, and 4056/86, Art. 18) 6.. Competition – Administrative procedure – Powers of the Commission in investigations – Access to premises of undertakings – Undertaking not referred to in the investigation decision – Conditions for access (Council Regulation No 4056/86, Art. 18) 7.. Competition – Administrative procedure – Powers of the Commission in investigations – Voluntary cooperation of an undertaking – Consequences for the possibility of arguing undue interference by a public authority (Council Regulation No 4056/86, Art. 18) 8.. Competition – Community rules – Scope ratione materiae – Conduct imposed by State measures – Excluded – Conditions (EC Treaty, Arts 85 and 86 (now Arts 81 EC and 82 EC)) 9.. Competition – Fines – Amount – Determination – Criteria defined in the Commission Guidelines – Applicability to infringements of the competition rules in the transport sector (ECSC Treaty, Art. 65(5); Council Regulations Nos 17, Art. 15(2), and 4056/86, Art. 19(2)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber)11 December 2003 (1) ((Competition – Regulation (EEC) No 4056/86 – Investigations carried out at company premises other than those of the company to which the investigation decision is addressed – Article 85(1) of the EC Treaty (now Article 81(1) EC) – State regulation on maritime transport and the practice of State authorities – Applicability of Article 85 of the Treaty – Whether infringing conduct may be imputed – Fines – Application of the guidelines on calculating fines)) applicant, v defendant, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Fifth Chamber), having regard to the written procedure and further to the hearing on 1 July 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Fifth Chamber) Cooke García-Valdecasas Lindh H. Jung P. Lindh Registrar President 1 – Language of the case: Greek.