Order of the Court (Sixth Chamber) of 16 February 2006 - Adriatica di
   Navigazione v Commission

   (Case C-111/04 P)

   Appeal - Article 85(1) of the EC Treaty (now Article 81(1) EC) -
   Competition - Cartels - Agreement between undertakings - Proof of
   participation of an undertaking in a cartel

   1.                     Competition - Agreements, decisions and
   concerted practices - Definition of the market - Subject-matter (EC
   Treaty, Art. 85(1) (now Art. 81(1) EC)) (see paras 30-31)

   2.                     Competition - Agreements, decisions and
   concerted practices - Participation of an undertaking in an
   anti-competitive initiative (EC Treaty, Art. 85(1) (now Art. 81(1) EC))
   (see para. 48)

   3.                     Appeals - Grounds of appeal - Mistaken
   assessment of the facts - Inadmissibility - Review by the Court of
   Justice of the assessment of the evidence - Excluded unless the clear
   sense of the evidence has been distorted (Art. 225 EC; Statute of the
   Court of Justice, Art. 58) (see paras 49, 62)

   4.                     Competition - Fines - Amount - Reduction in fine
   in exchange for cooperation (Council Regulation No 17, Art. 15) (see
   para. 91)

   Re:

   Appeal against the judgment of the Court of First Instance (Fifth
   Chamber) of 11 December 2003 in Case T-61/99 Adriatica di Navigazione v
   Commission , dismissing as unfounded an action for the annulment of the
   Commission decision of 9 December 1998 relating to a proceeding under
   Article 85 of the EC Treaty (IV/34466 - Greek Ferry Boats)

   Operative part:

   The Court:

   1.

   Dismisses the appeal;

   2.

   Dismisses the cross-appeal of the Commission of the European
   Communities;

   3.

   Orders Adriatica di Navigazione SpA to pay 90% of the costs;

   4.

   Orders the Commission of the European Communities to pay 10% of the
   costs.