VEBIC (Competition) French Text [2010] EUECJ C-439/08 (25 March 2010)

VEBIC (Competition) French Text [2010] EUECJ C-439/08 (25 March 2010)

Regulation (EC) No 1/2003 must be interpreted as requiring national competition authorities to have the right to obtain party status in judicial proceedings concerning the legality of their decisions and the application of Articles 81 and 82 EC, to ensure effective enforcement of EU competition law. However, EU law...

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Parties
Applicant: Vlaamse federatie van verenigingen van Brood- en Banketbakkers, Ijsbereiders en Chocoladebewerkers VZW (VEBIC); Respondent: Raad voor de Mededinging; Intervener: Minister van Economie
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Preliminary reference answered; Advocate General proposes interpretation of Regulation (EC) No 1/2003.
Legal Topics
Interpretation of Regulation (ec) No 1/2003, Procedural Rights of National Competition Authorities, Principles of Equivalence and Effectiveness, Participation of Competition Authorities in Appeal Proceedings
Competition Law European Union Law Interpretation of Regulation (ec) No 1/2003 Procedural Rights of National Competition Authorities Principles of Equivalence and Effectiveness Participation of Competition Authorities in Appeal Proceedings

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Parties

Vlaamse federatie van verenigingen van Brood- en Banketbakkers, Ijsbereiders en Chocoladebewerkers VZW (VEBIC)

Applicant

Raad voor de Mededinging

Respondent

Minister van Economie

Intervener

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether Regulation (EC) No 1/2003 grants national competition authorities the right or obligation to participate as parties in appeal proceedings against their decisions
  2. 2 Whether national procedural law excluding competition authorities from appeal proceedings is compatible with EU law
  3. 3 Which organ within a national competition authority should exercise the right to participate in appeal proceedings

Ratio Decidendi

Regulation (EC) No 1/2003 must be interpreted as requiring national competition authorities to have the right to obtain party status in judicial proceedings concerning the legality of their decisions and the application of Articles 81 and 82 EC, to ensure effective enforcement of EU competition law. However, EU law does not impose an absolute obligation for such authorities to defend their decisions in all cases; Member States retain competence to designate which organ within the authority exercises this right, regardless of whether it has judicial status under national law.

Court Disposition

Preliminary reference answered; Advocate General proposes interpretation of Regulation (EC) No 1/2003.