Abstract
Judgments of 5 October 2020, Casino, Guichard-Perrachon and AMC v Commission, T-249/17, EU:T:2020:458, Intermarché Casino Achats v Commission, T-254/17, EU:T:2020:459, Les Mousquetaires and ITM Entreprises v Commission, T-255/17, EU:T:2020:460. The General Court finds that the system of judicial remedies available to the addressee of an inspection decision complies with the demands of Article 47 of the Charter. Yet, in the light of Article 7 of the Charter, the judgments partially annul the contested inspection decisions, finding that the Commission has failed to show that it held sufficiently strong grounds for a suspicion of anticompetitive exchanges of information on future commercial strategies. The Charter of Fundamental Rights of the European Union (Charter) guarantees the respect for private and family life (Article 7) as well as the right to an effective remedy and to a fair trial (Article 47). Article 20 of Regulation No 1/2003 on the implementation of the rules on competition laid down in [Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)] (OJ 2003 L 1, p. 1), sets out the Commission’s powers of inspection. Article 20(1) provides that ‘[i]n order to carry out the duties assigned to it by this Regulation, the Commission may conduct all necessary inspections of undertakings and associations of undertakings.’ In turn, Article 20(4) establishes that ‘[u]ndertakings and associations of undertakings are required to submit to inspections ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, appoint the date on which it is to begin and indicate the penalties provided for in Articles 23 and 24 and the right to have the decision reviewed by the Court of Justice. The Commission shall take such decisions after consulting the competition authority of the Member State in whose territory the inspection is to be conducted.’
Published Version
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