Reference for a preliminary ruling from the Amtsgericht Bonn (Germany) lodged on 9 September 2009 - Pfleiderer AG v Bundeskartellamt

(Case C-360/09)

Language of the case: German

Referring court

Amtsgericht Bonn

Parties to the main proceedings

Applicant: Pfleiderer AG

Defendant: Bundeskartellamt

Question referred

Are the provisions of Community competition law - in particular Articles 11 and 12 of Regulation No 1/2003 ¹ and the second paragraph of Article 10 EC, in conjunction with Article 3(1)(g) EC - to be interpreted as meaning that parties adversely affected by a cartel may not, for the purpose of bringing civil-law claims, be given access to leniency applications or to information and documents voluntarily provided in that connection by applicants for leniency which the national competition authority of a Member State has received, pursuant to a national leniency programme, within the framework of proceedings for the imposition of fines which are (also) intended to enforce Article 81 EC?

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¹ - OJ 2003 L 1, p. 1.