Order of the Court (Sixth Chamber) of 16 February 2006 – Adriatica di Navigazione v Commission

(Case C-111/04 P)

Appeal – Article 85(1) of the EC Treaty (now Article 81(1) EC) – Competition – Cartels – Agreement between undertakings – Proof of participation of an undertaking in a cartel

1. Competition – Agreements, decisions and concerted practices – Definition of the market – Subject-matter (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) (see paras 30-31)

2. Competition – Agreements, decisions and concerted practices – Participation of an undertaking in an anti-competitive initiative (EC Treaty, Art. 85(1) (now Art. 81(1) EC)) (see para. 48)

3. Appeals – Grounds of appeal – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Excluded unless the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 49, 62)

4. Competition – Fines – Amount – Reduction in fine in exchange for cooperation (Council Regulation No 17, Art. 15) (see para. 91)

Re:

Operative part:

The Court:

1.Dismisses the appeal;

2.Dismisses the cross-appeal of the Commission of the European Communities;

3.Orders Adriatica di Navigazione SpA to pay 90% of the costs;

4.Orders the Commission of the European Communities to pay 10% of the costs.