Judgment of the Court of First Instance (First Chamber) of 17 December 2003. British Airways plc v Commission of the European Communities. Competition - Abuse of a dominant position - Competence of the Commission - Discrimination between airlines - Relevant product and geographic market - Nexus between the product markets allegedly affected - Legal basis of the contested decision - Existence of a dominant position - Abuse of the dominant position - Proportionality of the amount of the fine. Case T-219/99.

«(Competition – Abuse of a dominant position – Competence of the Commission – Discrimination between airlines – Relevant product and geographic market – Nexus between the product markets allegedly affected – Legal basis of the contested decision – Existence of a dominant position – Abuse of the dominant position – Proportionality of the amount of the fine)»

JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber)17 December 2003 (1)

((Competition – Abuse of a dominant position – Competence of the Commission – Discrimination between airlines – Relevant product and geographic market – Nexus between the product markets allegedly affected – Legal basis of the contested decision – Existence of a dominant position – Abuse of the dominant position – Proportionality of the amount of the fine))

applicant,

v

defendant,

intervener,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (First Chamber),

having regard to the written procedure and further to the hearing on 26 February 2003,

gives the following

On those grounds,

THE COURT OF FIRST INSTANCE (First Chamber)

Vesterdorf

Jaeger

Legal

H. Jung

B. Vesterdorf

Registrar

President