CNOP and CCG v Commission (Competition) French Text [2010] EUECJ T-23/09 (26 October 2010)

CNOP and CCG v Commission (Competition) French Text [2010] EUECJ T-23/09 (26 October 2010)

The General Court held that the inspection decision was validly addressed to CNOP and CCG, both having legal personality; the obligation to state reasons was met as the decision identified the object and purpose of the inspection and the entities concerned; and that CNOP and CCG qualify as 'associations of...

Source-derived case information.

Citation
[2010] EUECJ T-23/09
Parties
Applicant: Conseil national de l’Ordre des pharmaciens (CNOP); Applicant: Conseil central de la section G de l’Ordre national des pharmaciens (CCG); Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Annulment Application (eu Competition Law) / Final Judgment at First Instance (general Court, Eu)
Outcome
Application dismissed; applicants condemned to pay costs.
Legal Topics
Inspections by the European Commission, Definition of 'association of Undertakings', Obligation to State Reasons, Legal Personality of Addressees, Rights of Defence in Competition Proceedings
Competition Law European Union Law Administrative Law Inspections by the European Commission Definition of 'association of Undertakings' Obligation to State Reasons Legal Personality of Addressees Rights of Defence in Competition Proceedings

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Summary, issues, holding and outcome

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Parties

Conseil national de l’Ordre des pharmaciens (CNOP)

Applicant

Conseil central de la section G de l’Ordre national des pharmaciens (CCG)

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Application (eu Competition Law) / Final Judgment at First Instance (general Court, Eu)

  1. 1 Whether the Commission's inspection decision was addressed to entities with legal personality
  2. 2 Whether the decision was sufficiently reasoned under EU law and Article 8 ECHR
  3. 3 Whether CNOP and CCG are 'associations of undertakings' under Article 20(4) of Regulation 1/2003

Ratio Decidendi

The General Court held that the inspection decision was validly addressed to CNOP and CCG, both having legal personality; the obligation to state reasons was met as the decision identified the object and purpose of the inspection and the entities concerned; and that CNOP and CCG qualify as 'associations of undertakings' under Article 20(4) of Regulation 1/2003, as they represent members who are undertakings and may influence competition. The applicants' arguments were rejected in their entirety.

Court Disposition

Application dismissed; applicants condemned to pay costs.

Orders

  • The application is rejected.
  • CNOP and CCG are ordered to pay the costs.