16.1.2004 Official Journal of the European Union L 11/17 COMMISSION DECISION of 27 August 2003 relating to a proceeding pursuant to Article 82 of the EC Treaty of (COMP/37.685 GVG/FS) (notifed under document number C(2003) 3057) (Only the Italian text is authentic) (2004/33[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 17 of 6 February 1962, first Regulation implementing Articles 85 and 86 of the Treaty (), as last amended by Regulation (EQ) No 12161999 (3, and in particular Articles 3 and 15(2) thereof, 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 (%), Having regard to the complaint lodged on 25 October 1999 by the limited company Georg Verkehrsorganisation GmbH, acting under Article 10 of Regulation (EEC) No 1017/68, alleging that Article 82 of the EC Treaty had been infringed, Having regard to the Commission decision of 21 June 2001 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission pursuant to Article 19(1) of Regulation No 17 and Article 26 of Regulation (EEC) No 1017/68, read in conjunction with Commission Regulation (EC) No 2842/98 of 22 December 1998 on the hearings of parties in certain proceedings under Articles 85 and 86 of the EC Treaty (%), Having consulted the Advisory Committee on Restrictive Practices and Dominant Positions and the Advisory Committee on Restrictive Practices and Monopolies in the Transport Industry, (") 0] 13, 21.2.1962, p. 204/62. Although the Regulation was repealed by Council Regulation (EC) No 1/2003 of 16 December 2002 (O] L 1, 41.2003, p. 1), it continues to apply to decisions adopted prior to 1 May 2004. () OJ L 148, 15.6.1999, p. 5. () O] L 175, 23.7.1968, p. 1. The Regulation was last amended by Regulation (EC) No 1/2003, which applies, however, only from 1 May 2004. () OJ L 354, 30.12.1998, p. 18. Having regard to the final report of the hearing officer in this case (°), Whereas: A. INTRODUCTION (1) This case was initiated by a complaint from the German railway undertaking Georg Verkehrsorganisation GmbH (hereinafter ‘GVG) against Ferrovie dello Stato SpA (hereinafter ‘FS’), the Italian national railway carrier. GVG complained that since 1995 FS had been refusing to provide access to the Italian infrastructure, to enter into negotiations for the formation of an international grouping and to provide traction. This prevented GVG from providing an international rail passenger service from various points in Germany via Basle to Milan. (2)  The Commission has come to the conclusion that by denying GVG access to the services in question, which are necessary for carrying out its business, FS has abused its dominant position within the meaning of Article 82 of the EC Treaty and Article 8 of Regulation (EEC) No 1017/68. Following the initiation of the Commission’s investigation, FS has given undertakings to the Commission that the abuse will be terminated and will not be repeated. B. THE PARTIES (3)  GVG is a German railway undertaking which has been operating international rail passenger services on the basis of a national authorisation since March 1992. On 31 March 1995 it obtained from the Transport Ministry of the Land of Hessen a licence compatible with Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings (°) to operate passenger rail () 0] C 12, 16.1.2004. (°) OJ L 143, 27.6.1995, p. 70.