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European Observer on fundamental right's respect

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Case Law C-199/11 (26/06/2012)

Type: Opinions of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/26/2012

Subject: The Advocate General affirmed that the right of access to a tribunal, provided by Article 47 of the Charter, does not preclude a national court from ruling on a claim in respect of damage sustained by the EU when the anti-competitive conduct which caused the damage has been established by a Commission decision. It is for the Court of Justice of the EU to decide on the validity of acts of the EU, including decisions adopted by the Commission. The action for annulment before this Court is therefore a procedure which safeguards the effective judicial protection. It is for the national courts to declare and quantify the damage suffered by the EU as the result of anti-competitive conduct established by a Commission decision. According to the Advocate General, the right to equality of arms, provided by Article 47 of the Charter, does not preclude the Commission from bringing a claim for damages before the national courts, even though it was the Commission itself which previously conducted an infringement procedure which culminated in the decision that has formed the base for the claim. Thus, in this case, the Advocate General concluded that the information obtained by the Commission during the infringement procedure has not been produced to the Belgian Court

Parties: Unione europea c. Otis NV e a.

Classification: Justice - Art. 47 Justice: remedy - Justice: effective - Right to be advised, defended, and represented

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