Language of document :

Request for a preliminary ruling from the Juzgado Mercantil 7 de Barcelona (Spain) lodged on 11 March 2021 – AD and Others v PACCAR Inc, DAF TRUCKS NV, DAF Trucks Deutschland GmbH

(Case C-163/21)

Language of the case: Spanish

Referring court

Juzgado Mercantil 7 de Barcelona

Parties to the main proceedings

Applicants: AD and Others

Defendants: PACCAR Inc, DAF TRUCKS NV, DAF Trucks Deutschland GmbH

Question referred

Must Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union 1 be interpreted as meaning that the disclosure of relevant evidence refers exclusively to existing documents in the control of the defendant or a third party or, in contrast, can Article 5(1) also include the disclosure of documents that must be created ex novo by the party to whom the request for information is made by compiling or classifying information, knowledge or data held by it?

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1 OJ 2014 L 349, p. 1.