88/589/EEC: Commission Decision of 4 November 1988 relating to a proceeding under Article 86 of the EEC Treaty (IV/32.318, London European - Sabena) (Only the French and Dutch texts are authentic)

• Articles: 3

Article 1

Sabena, Belgian World Airlines, infringed Article 86 of the EEC Treaty by pursuing against London European a course of conduct intended to deter the latter from operating on the Brussels-Luton route and/or hamper its plans to open the route by refusing to grant it access to the Saphir system on the grounds that:

- the tariffs quoted by London European were too low,

- London European had not entrusted the ground handling of its aircraft to Sabena.

Article 2

A fine of 100 000 ECU, is hereby imposed on Sabena. This fine shall be paid, within three months of the date of

notification of this Decision either in Belgian francs to the account of the Commission of the European Communities, No 426-4403001-52 at the Kredietbank, Agence Schuman, Rond-Point Schuman 2, B-1040 Brussels, or in ECU to account No 426-4403003-52 at the same bank.

On expiry of that period interest shall automatically be payable at the rate charged by the European Monetary Cooperation Fund on its ECU operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, that is, 10,75 %.

Should payment be made in the national currency of the addressee, the exchange rate applicable shall be that prevailing on the day preceding payment.

Article 3

This Decision is addressed to:

Sabena, Belgian World Airlines,

35 rue Cardinal Mercier,

B-1000 Brussels.

This Decision is enforceable pursuant to Article 192 of the EEC Treaty.

Done at Brussels, 4 November 1988.

For the Commission

Peter SUTHERLAND

Member of the Commission

(1) For Belgium, see in particular Case 127/73, BRT - SABAM, [1974] ECR 313.

(2) OJ No L 124, 28. 11. 1962, p. 2751/62.

(3) OJ No L 374, 31. 12. 1987, pp. 1 and 9.

(4) See Council Directive 82/470/EEC of 29 June 1982 on measures designed to facilitate the effective exercise of freedom of establishment and of freedom to provide services in respect of the activities of self-employed persons in certain services incidental to transport and travel agencies and in storage warehousing (OJ No L 213, 21. 7. 1982, p. 1).

(1) OJ No L 46, 15. 2. 1985, p. 51.

(2) Bull. EC 7/8-1986, point 2.1.211.

(3) OJ No L 285, 29. 12. 1971, p. 46.

(4) OJ No L 239, 30. 8. 1988, p. 13.

(1) United Brands Judgment, Case 27/76, [1978] ECR 287, paragraph 112.

(2) Hoffman La Roche Judgment, Case 85/76, [1979] ECR 461.

(1) Joined Cases 6 and 7/73, [1974] ECR 223; see also United Brands Judgment referred to above.

(2) See notes dated 18 February and 13 March 1987.