No L 104/34 Official Journal of the European Communities 23. 4./94 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 29 March 1994 relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty (IV/33.941 - HOV SVZ/MCN) (Only the German, French and Dutch texts are authentic) | (94/210/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1017/68 of 19 July 1968 applying rules of competition to transport by rail, road and inland waterway ('), as last amended by the Act of Accession of Spain and Portugal, Having regard to the application submitted on 16 May 1991 by Havenondernemersvereniging SVZ, pursuant to Article 10 of Regulation (EEC) No 1017/68, for a finding that an infringement has been committed, Having given the undertakings concerned the opportunity of being heard on the matters to which the Commission has taken objection, in accordance with Article 26 of Regulation (EEC) No 1017/68 and with Commission Regulation (EEC) No 1630/69 of 8 August 1969 on the hearings provided for in Article 26 (1) and (2) of Regula- tion (EEC) No 1017/68 of 19 July 1968 (3, Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions in the Field of Trans- port, () OJ No L 175, 23. 7. 1968, p. 1. () OJ No L 209, 21. 8. 1969, p. 11. Whereas : ) e e Y - Havenondernemersvereniging SVZ PART ONE THE FACTS I. General 4 A. The complaint lodged by Havenondernemersve- reniging SVZ . (hereinafter referred to as HOV-SVZ), an association of under- takings operating in the port of Rotterdam, lodged a complaint against : — Deutsche Bundesbahn (DB), — Maritime Container Network (MCN), — Transfracht Deutsche Transportgesellschaft mbH (Transfracht). The complaint relates to the conditions governing the carriage by rail of sea-borne containers to or from Germany via a Belgian, Dutch or German port. The complainant considers that the rail tariffs applied by Deutsche Bundesbahn (hereinafter referred to as ‘DB’) to the carriage of sea-borne containers between Germany and the Belgian and " Dutch ports are much higher than those applied to the carriage of the same containers via the German ports. According 1o the complainant, such practices are aimed at favouring carriage by DB and constitute an abuse of a dominant position prohxb:ted by Article 86 of the Treaty.