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  • Official Journal of the EU, 21 February 2009, ICF v Commission – The first known court case in which Meda competition law was invoked, is T-/406/08, Industries Chimiques du Fluor SA (ICF) against the European Commission’s decision to impose a fine for breach of Article 81(1) as a result of its participation in an illegal price-fixing cartel in relation to aluminium fluoride. ICF claims that the Commission breached its rights of defence due to differences between the final decision and the statement of objections. It also claims that the Commission misapplied Article 81 when classifying its alleged illegal acts and erred in its calculation of the fine imposed. Further, ICF claims that the Commission breached the Euro-Mediterranean Agreement with Tunisia by taking a unilateral approach to the application of the EC competition rules, on the ground that the Commission applied the Community competition rules exclusively, although the competition rules of the Euro-Mediterranean Agreement were applicable, albeit in parallel to the Community competition rules. According to the applicant, the Commission should have consulted the EU/Tunisia Association Committee, as required by Article 36 of the Agreement. The applicant further submits that the unilateral approach taken by the Commission is contrary to the principle of international comity and to its duty of care.