Article 1
Open ↗FNK has infringed Article 85 (1) of the EC Treaty by applying a system of recommended and internal rates between 15 December 1979 and 28 April 1992, which enabled its members to predict each other's pricing policy.
Source
95/551/EC: Commission Decision of 29 November 1995 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.179, 34.202, 216 - Stichting Certificatie Kraanverhuurbedrijf and the Federatie van Nederlandse Kraanverhuurbedrijven) (Only the Dutch text is authentic)
95/551/EC: Commission Decision of 29 November 1995 relating to a proceeding pursuant to Article 85 of the EC Treaty (IV/34.179, 34.202, 216 - Stichting Certificatie Kraanverhuurbedrijf and the Federatie van Nederlandse Kraanverhuurbedrijven) (Only the Dutch text is authentic)
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Article 2
Open ↗FNK shall terminate the infringement referred to in Article 1 forthwith, if it has not already done so.
Article 3
Open ↗SCK has infringed Article 85 (1) of the EC Treaty by prohibiting its affiliated firms during the period 1 January 1991 to 4 November 1993, with the exception of the period between 17 February and 9 July 1992, from hiring cranes from firms not affiliated to SCK, as a result of which, given the fact that the SCK certification system in the said period did not meet the criterion of openness and did not allow the acceptance of equivalent guarantees from other systems, access to the Netherlands crane-hire business by crane-hire companies not affiliated to SCK, and in particular foreign crane-hire companies, was impeded.
Article 4
Open ↗SCK shall terminate the infringement referred to in Article 3 forthwith, if it has not already done so.
Article 5
Open ↗1. A fine of ECU 11 500 000 is imposed on FNK in respect of the infringement set out in Article 1. 2. A fine of ECU 300 000 is imposed on SCK in respect of the infringement set out in Article 3.
Article 6
Open ↗The fines referred to in Article 5 shall be paid in ecus within three months of the date of notification of this Decision into the following bank account of the Commission of the European Communities: 310-0933000-34 Bank Brussel Lambert Europees Agentschap Rondpunt Schuman 5 B-1040 Brussel. On expiry of that period, interest shall automatically be payable at the rate charged by the European Monetary Institute on its ecu operations on the first working day of the month in which this Decision was adopted, plus 3,5 percentage points, namely at 9,25 %.
Article 7
Open ↗This Decision is addressed to: 1. Stichting Certificatie Kraanverhuurbedrijf Postbus 551 NL-4100 AH Culemborg. 2. Federatie van Nederlandse Kraanverhuurbedrijven Postbus 312 NL-4100 AH Culemborg. This Decision is shall be enforceable pursuant to Article 192 of the EC Treaty. Done at Brussels, 29 November 1995. For the Commission Karel VAN MIERT Member of the Commission (1) Since 1 January 1993, pursuant to the Machinery Directive (see preceding footnote), testing no longer applies to cranes which bear a 'CE mark`, subsequently renamed 'CE marking` under Article 6 of Directive 93/68/EEC, and are accompanied by a declaration of conformity in accordance with the Directive. (2) Recognition by the State Secretary for Social Affairs and Employment, 18 February 1992. Decision No 2306/77, Nederlandse Staatscourant 77. (3) KeBoMa's annual report for 1992, p. 1. (4) Such an expert may, for instance, be the supplier of the crane, but in practice KeBoMa is often called in. (5) See point 4 of the notification. This is also explicitly apparent from the final assessment report on SCK, p. 3, mentioned in footnote 3, p. 80. (6) Since 1 January 1993, however, SCK, according to a letter dated 21 July 1994, has been using a different postal address. (1) NMB sectoral survey of carne hire companies, 15 December 1990, p. 19. (2) NMB sectoral survey, pp. 4, 15 and 19, and p. 19 of FNK's notification. (3) See point 19 of FNK's notification and the letter dated 3 March 1992 from FNK to various crane-hire companies. (4) General conditions for the performance of contracts by crane operators, registered with the Arrondissementsrechtbank [District Courts] of Amsterdam and Rotterdam on 1 January 1991. (5) Before the 'inhuurverbod` was introduced on 1 January 1991, a transitional provision was in force which meant that a certificate-holder was obliged when hiring cranes to check whether the hired equipment and personnel satisfied such requirements as it could assume liability for. (1) OJ No L 117, 7. 5. 1994, p. 30. (2) OJ No L 316, 23. 11. 1988, p. 43. (1) Points 17 and 18 of FNK's notification. (2) [1972] ECR 977, at paragraphs 15 to 25, [1987] ECR 405, at paragraphs 34 to 43. (1) [1983] ECR 3151, at paragraph 60. (2) [1966] ECR 299, especially at p. 348. (1) Point 28 of SCK's notification. See also points 26 and 27 of that notification. Evidently, SCK is now distancing itself from its own views (Answer to the statement of objections of 21 October 1994, p. 19, footnote 3). (2) [1991] ECR II-1439, at paragraph 118.
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