Bundeswettbewerbsbehorde v Donau Chemie Ag: ECJ 7 Feb 2013

ECJ Competition – Action for damages – Evidence – Admissibility – Third party access to completed public law competition proceedings to support civil action – Access request by an association representing third parties potentially affected by a cartel – Legislative ban on access without the consent of all parties to public law competition proceedings – Absence of a judicial power to weigh relevant factors, including protection of evidence gathered in leniency proceedings as against effet utile – Principles of equivalence and effectiveness – Article 19(1) TEU – Article 101 TFEU – Charter of Fundamental Rights of the European Union – Article 47
Jaaskinen AG
C-536/11, [2013] EUECJ C-536/11
Bailii

Updated: 30 April 2021; Ref: scu.470850