''Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission'' (1967
Case 8/66
is an

EU law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

case, concerning

judicial review Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...

in the European Union.

Facts

Under (what is now) TFEU article 101, the Council adopted Regulation 17, imposing fines on cartels, with exemptions for agreements that appeared economically beneficial. A restrictive agreement had to be notified to the commission, to decide if it was anti-competitive or exempt. Because this procedure took time, article 15(5) said undertakings had immunity from fines when the agreement was notified until the commission's decision. But under article 15(6) the immunity would not apply after the Commission informed undertakings of their preliminary examination. The

Noordwijk Noordwijk () is a town and municipality in the west of the Netherlands, in the provinces of the Netherlands, province of South Holland. The municipality covers an area of of which is water and had a population of in . On 1 January 2019, the f ...

Cement companies got a letter under article 15(6) saying their immunity ceased, and it brought an action to quash the decision. The Commission argued their decision was not an ‘act’ that could be quashed, and was a mere opinion.

Judgment

The Court of Justice held that the decision was an act, by removing immunity under article 15(5).

Notes

References

* {{DEFAULTSORT:Societe anonyme Cimenteries CBR Cementsbedrijven NV v Commission Court of Justice of the European Union case law

Facts

Judgment

See also

Notes

References