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Competition: ECJ reduces a fine to compensate for the delay in a case.

United Kingdom
26/04/1999
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In a recent appeal the ECJ reduced a fine imposed by the Commission under the competition rules to compensate the company involved for the excessive duration of the case.

While recognising that the case in question raised complex issues the ECJ found that the period of five years and six months was unjustified and went against the requirement that cases be dealt with within a reasonable time.

The very nature of competition cases required legal certainty and the protection of the internal market from distortion for the applicants, competitors and third parties who may have a financial or commercial interest.

There were no exceptional circumstances in this case that could justify such a period. As a result the ECJ reduced the amount of the fine imposed as a means of compensation, while dismissing the rest of the appeal.

(Baustahlegewabe v Commission Case C-185/95P, Judgment of 17/132/98)

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