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The Regional Administrative Court for the Latium has received the resource of six marine agencies and Spediporto against the Antitrust
the AGCM had accused the recurrent ones to have put into effect a restrictive understanding of the competition
October 24, 2012
Yesterday, with device of sentence of the first section of the center of Rome, the Regional administrative court for the Latium has received the resource introduced from six marine agencies (Yang Ming Italy, Lowers Shipping (Italy) Agency, Medmar, the Ships, Apl Italy Agencies and Zim Italia) and from the association of the shippers genoese couriers and conveyors Spediporto for the cancellation of the provision with which the Guarantor Authority of the Competition and Market (AGCM) had established that 15 marine agencies with Spediporto and with the association of the genoese shipping agents Assagenti had realized a restrictive understanding of the competition. In theirs he confronts era comminata a fine of beyond four million euro ( of the 16 and 26 March 2012).
Waiting for the motivation of the decision of the Regional Administrative Court for the Latium, the sentence device, that we publish below, on February 22, 2012 establishes the cancellation of the provision of the Authority Antitrust.
ITALIAN REPUBLIC
IN THE NAME OF ITALIAN PEOPLE
The Regional administrative court for Lazio
(Section Before)
it has pronounced anticipates
SENTENCE DEVICE
On reunited 3910/12, 3911/12, 3950/12, 4007/12, 4027/12, 4028/12 and 4035/12, proposed resources give:
Yang Ming Italy S.p.A., in person of the legal representative pro tempore, assisted and defended from the avv. you Scionti and Barone, with address which elected near the law firm Eversheds Bianchini in Rome, via Pompeo Magno 1;
Shipping (Italy) Agency Co S.r.l. lowers, in person of the legal representative pro tempore, assisted and defended from the avv. you Cattarin and Barone, with address which elected near the law firm Eversheds Bianchini in Rome, via Pompeo Magno 1;
Medmar S.p.A., in person of the legal representative pro tempore, assisted and defended from the avv. you Fioretti and Santaniello, with address which elected near the study of first in Rome, via of San Basilio 72;
Marine agency the S.p.A. Ships, in person of the legal representative pro tempore, assisted and defended from the avv. you Auricchio, Pacciani and Paoletti, with address which elected near the associate law firm Legance in Rome, via XX Settembre 5;
Apl Italy Agencies S.r.l., in person of the legal representative pro tempore, assisted and defended from the avv. you Sutti and Boso Caretta, with address which elected near the study of the second in Rome, via Two Shambles 66;
Spediporto - Association shippers couriers and conveyors of Genoa, in person of the legal representative pro tempore, assisted and defended from the avv. you Morigi, Guida and Celani, with address which elected near the study of first in Rome, via of Ducts 9;
Zim Italia S.r.l., in person of the legal representative pro tempore, assisted and defended from the avv. you Ceraolo, Tozzi and Mordiglia, with address which elected near the associate law firm Nunziante Store pig in Rome, square of Stone 26;
against
the guarantor Authority of the competition and the market - Antitrust, represented and defended from the general Legal profession of the State, domiciled ex lege;
regarding
Maersk Italy S.p.A., in person of the legal representative pro tempore, assisted and defended from the avv. you Of Ecclesiis, Covone and Belotti, with address which elected near the study of this last one in Rome, square Venice 11;
Hapag Lloyd Italy S.r.l., in person of the legal representative pro tempore, not constituted in judgment,
for the cancellation:
a) of the provision 22 February 2012, n. 23338, with which the guarantor Authority of the competition and the market - Antitrust, has established that the recurrent societies, united to others, had realized a restrictive understanding of the competition, of which to art. the 101 of the Treaty on the operation of European union (TFUE) having for object the concerted increment of the fees of the services of marine agency, at least for the period from February 2004 until December 2009, and for the effect, it has irrogato to each of they a distinguished pecuniary endorsement, beyond imposing ulterior prescription.
b) of connected and consequenziali presupposed the actions, pertaining to the I733 procedure, conclusosi with the emission of the appealled provision sub a), and described in motivation.
Seen the relative resources and the attached ones;
Seen the certificates of incorporation di in judgment of the guarantor Authority of the competition and the market – Antitrust, let alone of Maersk Italy S.p.A.
Seen the defensive memories;
Visas all the actions of the cause;
Seen art. the 119, V codicil c.p.a.;
Considered that the recurrent parts have declared of having interest to the anticipated publication of the device regarding the sentence;
Reporter in the public audience of the day 16 October 2012 the cons. S. Cogliani and hearings for the parts the defenders as specified in the minutes;
FOR THE REASONS THAT WILL BE EXPOSED IN MOTIVATION
The Regional administrative court for the Latium (Section Before), definitively pronouncing on the resources in epigraph, advance reunion, receives them and, for the effect, he cancels the 22 provision February 2012, n. 23338, of the guarantor Authority of the competition and the market - Antitrust, in appealled epigraph sub a).
It integrally compensates the expenses of judgment between the parts.
It orders that it anticipates dispositive is executed by the administrative Authority.
So decided in Rome in the Council Chamber, addì 16 October 2012 with the participation of the gentleman magistrates:
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
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Editor in chief: Bruno Bellio No part may be reproduced without the express permission of the publisher
Yesterday, with device of sentence of the first section of the center of Rome, the Regional administrative court for the Latium has received the resource introduced from six marine agencies (Yang Ming Italy, Lowers Shipping (Italy) Agency, Medmar, the Ships, Apl Italy Agencies and Zim Italia) and from the association of the shippers genoese couriers and conveyors Spediporto for the cancellation of the provision with which the Guarantor Authority of the Competition and Market (AGCM) had established that 15 marine agencies with Spediporto and with the association of the genoese shipping agents Assagenti had realized a restrictive understanding of the competition. In theirs he confronts era comminata a fine of beyond four million euro 
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
