Keywords
obligation to state reasons, annulment procedure, fundamental rights of undertakings, inspections, penalties, the obligation to provide information
Abstract
This article aims to analyse the European Commission’s obligation to state the reasons for decision issued in connection with the control of an undertaking suspected of anti-competitive activities. It indicates requirements that statement of reasons has to meet in order to remain in conformity with Article 296 TFEU and the case-law, as well as depicts the criteria of assessment used by the CJEU to verify the fulfilment of those conditions. It also addresses the issue of legal effects of the judgment annulling the decision and it ponders on the effectiveness of the protection of the rights of undertakings.
Recommended Citation
de Bazelaire de Ruppierre, M. (2016). Failure to state of reasons as a ground for annulment of the European Commission’s decision in the light of current CJEU case-law on the control of undertakings. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 5(7), 45-59. https://doi.org/10.7172/2299-5749.IKAR.7.5.3
First Page
45
Last Page
59
Page Count
14
DOI
10.7172/2299-5749.IKAR.7.5.3
Publisher
University of Warsaw
