Judgment of the General Court (Eighth Chamber) of 20 June 2018 –
České dráhy v Commission
(Case T‑621/16)
(Competition — Administrative procedure — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Proportionality — Obligation to state reasons — Right to respect for private life — Rights of defence’)
1. Competition — Administrative procedure — Commission’s powers of investigation — Use of information gathered during a check — Limits — Opening of an investigation in order to verify the accuracy of information revealed incidentally on the occasion of a check — Lawfulness
(Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Arts 20(4) and 28(1))
(see paras 35-37)
2. Competition — Administrative procedure — Commission’s power of inspection — Decision ordering an inspection — Inspection ordered on the basis of information obtained from a separate inspection — Lawfulness
(Arts 101 TFEU and 102 TFEU; Council Regulation No 1/2003, Art. 20)
(see paras 45-47, 66-68, 72, 77-78)
3. Competition — Administrative procedure — Commission’s power of inspection — Decision ordering an inspection — Obligation to state reasons — Scope
(Council Regulation No 1/2003, Arts 18 and 20(4))
(see paras 82, 83)
4. Competition — Administrative procedure — Observance of the rights of the defence — Possibility of the undertaking concerned fully relying on those rights only after the sending of the statement of objections — Obligation on the Commission to inform the undertaking of the subject-matter and purpose of the investigation at the stage of the first measure taken against it
(Charter of Fundamental Rights of the European Union, Art. 48; Council Regulation No 1/2003, Arts 18 and 20)
(see paras 85, 86, 111-115)
5. Competition — Administrative procedure — Commission’s power of inspection — Undermining of privacy — Lawfulness — Conditions
(Charter of Fundamental Rights of the European Union, Arts 7 and 52(1) and (3); Council Regulation No 1/2003, Art. 20(4))
(see paras 101-107)
Re:
| Action based on Article 263 TFEU and seeking annulment of Commission Decision C(2016) 3993 final of 22 June 2016 requiring České dráhy, together with all entities directly or indirectly controlled by it, to submit to an inspection pursuant to Article 20(4) of Regulation (EC) No 1/2003 (Case AT.40401 — Twins). |
Operative part
The Court:
2. | | orders České dráhy a.s. to pay the costs. |