The Belgian Constitutional Court rules on whether the Brussels Court of Appeal can review dawn raid procedures (Belgacom)

On 22 December 2011, the Belgian Constitutional Court issued a preliminary ruling which confirmed the jurisdiction of the Brussels Court of Appeal to review the investigative measures of the Belgian College of Competition Prosecutors. The Court ruled that if the Belgian Competition Act were to be interpreted as not granting the possibility to appeal the decisions of the Belgian College of Competition Prosecutors, this would violate the Belgian Constitution. However, the Constitutional Court held that the Belgian Competition Act could be interpreted differently and in accordance with the Belgian Constitution by allowing an appeal against measures or decisions of the College of Competition Prosecutors, taken on the basis of an authorization granted by the President of the Council. This

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Authors

  • Sheppard, Mullin, Richter & Hampton (Brussels)
  • Latham & Watkins (Brussels)

Quotation

Jacques Derenne, Peter Citron, The Belgian Constitutional Court rules on whether the Brussels Court of Appeal can review dawn raid procedures (Belgacom), 22 December 2011, e-Competitions December 2011, Art. N° 42450

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