The Spanish Supreme Court annuls inspections on a professional association on grounds of insufficient reasons for the inspection decision (UNESA)

On December 10, 2014, the Spanish Supreme Court issued judgment number 4201/2011, allowing the appeal that the Asociación Española de la Industria Eléctrica (“UNESA”) filed against the judgment of the Audiencia Nacional (Spanish Court of Appeal, “AN”) of June 2, 2011. The AN’s judgment had dismissed UNESA’s appeal against the inspection carried out by the Spanish Markets and Competition Authority’s (“CNMC”) in November 2009. The Supreme Court ruled that even if inspection decisions do not need to include very detailed information on the facts and data subject to investigation, they must contain enough information on the object, scope and purpose of the investigation to be considered lawful. Thus, the Supreme Court annulled the inspection decision concerning UNESA’s

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Cristina Vila Gisbert, Maite M. Mazzitelli Gorraiz, The Spanish Supreme Court annuls inspections on a professional association on grounds of insufficient reasons for the inspection decision (UNESA), 10 December 2014, e-Competitions December 2014, Art. N° 74666

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