Competition - Abuse of a dominant position - Competence of the Commission - Discrimination between airlines - Relevant product and geographic market - Nexus between the product markets allegedly affected - Legal basis of the contested decision - Existence of a dominant position - Abuse of the dominant position - Proportionality of the amount of the fine.

«(Competition – Abuse of a dominant position – Competence of the Commission – Discrimination between airlines – Relevant product and geographic market – Nexus between the product markets allegedly affected – Legal basis of the contested decision – Existence of a dominant position – Abuse of the dominant position – Proportionality of the amount of the fine)» Summary of the Judgment 1.. Commission – Simultaneous voluntary individual resignation of all Commissioners – Inapplicability of Article 201 EC – Application of Article 215 EC – Resigned Commissioners remaining in office, with full powers, until their replacement (Arts 201 EC and 215 EC) 2.. Competition – Administrative procedure – Examination of complaints – Determination of priorities by the Commission – Power to give differing degrees of priority to complaints – Principle of non-discrimination – Infringement – None 3.. Competition – Dominant position – Market in question – Determination – Criteria – Services provided by travel agents to airlines – Market distinct from that of air transport (Art. 82 EC) 4.. Competition – Dominant position – Definition – Position held by the undertaking in its capacity as a buyer – Included (Art. 82 EC) 5.. Competition – Dominant position – Market in question – Geographical definition – Criteria (Art. 82 EC) 6.. Competition – Dominant position – Conduct on the dominated market having effects on a neighbouring market – Application of Article 82 EC – Condition – Nexus between the two markets (Art. 82 EC) 7.. Competition – Transport – Rules on competition – Air transport – Regulation No 3975/87 – Scope – Activities directly relating to the provision of air transport services – Service provided by travel agents to airlines – Excluded (Council Regulations Nos 17, 141 and 3975/87) 8.. Competition – Dominant position – Abuse – Meaning – Objective concept referring to conduct likely to influence the structure of the market and with the effect of hindering the maintenance or development of competition – Obligations on dominant undertakings (Art. 82 EC) 9.. Competition – Dominant position – Abuse – Quantity rebates – Whether permissible – Conditions – System of result bonuses applied by an airline to commissions paid to travel agents – Abusive nature of the system – Criteria for assessment (Art. 82 EC) 10.. Competition – Dominant position – Abuse – Meaning – Conduct having either the effect or the object of hindering the maintenance or development of competition (Art. 82 EC) 11.. Competition – Fines – Amount – Determination – Criteria – Damage caused to consumers – Not relevant in relation to abuse of a dominant position (Council Regulation No 17, Art. 15(2)) JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber)17 December 2003 (1) ((Competition – Abuse of a dominant position – Competence of the Commission – Discrimination between airlines – Relevant product and geographic market – Nexus between the product markets allegedly affected – Legal basis of the contested decision – Existence of a dominant position – Abuse of the dominant position – Proportionality of the amount of the fine)) applicant, v defendant, intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber), having regard to the written procedure and further to the hearing on 26 February 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (First Chamber) Vesterdorf Jaeger Legal H. Jung B. Vesterdorf Registrar President 1 – Language of the case: English.