European lawBy Paul Niekirk, barristerCommunity institutionsArticle 25 EU provides for a political committee to assist the formation of policies within the framework of the European common foreign and security policy.

The council has now established an interim political and security committee composed of national representatives at senior/ambassadorial level to meet, when the political committee is not in session, to prepare recommendations on the future functioning of the common European policy on security and defence and to deal with policy matters on a day-to-day basis (decision 2000/143/CFSP, OJ L 49, 22 February 2000, p.1).

It has also established an interim military body composed of the chiefs of staff of the member states assisted by military experts from the member states to give military advice to the political committee (and the interim political and security committee) until permanent bodies are established in relation to the common security and defence policy (decision 2000/144/CFSP).

Competition law: abuse of dominant positionThe Commission, having found that British Airways (BA) had infringed art 82 EC (abuse of dominant position) by operating systems of commission and other incentives for travel agents from which it purchased air travel agency services in the UK by rewarding loyalty from travel agents and by discriminating between travel agents, imposed a penalty of euro 6,800,000 (approximately 4,140,000) on BA (case IV/D-2/34.780 - Virgin/British Airways, OJ L 30, 4 February 2000, pp.1 to 24).BA had pointed out that other European airlines operated incentive schemes for travel agents and these had also been the subject of complaints to the Commission; but the Commission did not find it necessary to reach decisions on all similar cases at the same time and was entitled pursue leading cases to establish precedents.

The Hoffmann La Roche case [1976] ECR 541 and the Michelin case [1983] ECR 3461 established the principle that a dominant supplier could give discounts in relation to efficiencies, eg for large orders, but could not do so to encourage loyalty; although BA had shown that it might realise efficiencies when dealing with a travel agent which sold a large number of tickets, the commissions provided were not related to the efficiencies.

Competition law: meaning of 'agreement'In case IV/34.237/F3 - Anheuser-Busch Inc/Scottish & Newcastle, OJ L 49, 22 February 2000, pp.37 to 44, the Commission imposed penalties on the parties for negligently supplying incorrect information in response to a formal request under Regulation 17 in the course of an investigation.

In imposing the penalties the Commission ruled that so-called 'recommended guidelines' constituted an 'agreement' for the purposes of Community competition law, even though the terms of the guidelines were susceptible to unilateral alteration by one of the parties but the other party had indicated its intention to use reasonable efforts to ensure compliance.

In determining what was (or was not) an 'agreement' for such purposes, resort to the tenets of English law was of no relevance.

Social securityDecision 174 of the Administrative Commission on Social Security for Migrant Workers (OJ L 47, 19 February 2000, pp.30, 31) lays down a formal interpretation of the term 'insured' in art 22a of Regulation 1408/71 (social security schemes) which extends art 22(1)(a) and (c) to all nationals of member states who are insured under national legislation, and to members of their families (even if neither employed nor self-employed).