The EU General Court rules that the Commission may not refer an abuse of dominance case to the Polish Competition Authority because of systemic failings and general deficiencies in the rule of law (Sped-Pro)

The General Court annuls Commission’s decision declining a complaint against a company controlled by Poland, about an abuse of dominant position on the polish market of rail freight transport services. I. The parties The parties of this judgment are Sped-Pro (the applicant), a company established in Warsaw (Poland) active in the sector of provision of shipping services and the European Commission. II. The facts Sped-Pro used in the past rail freight transport services supplied by PKP Cargo S.A., a company controlled by the Polish State. On 4 November 2016, Sped-Pro lodged a complaint against PKP Cargo with the European Commission, under Article 7(2) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the articles Articles 101 and 102 TFEU. In that

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  • DalDeWolf (Brussels)

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Wadii Miftah, The EU General Court rules that the Commission may not refer an abuse of dominance case to the Polish Competition Authority because of systemic failings and general deficiencies in the rule of law (Sped-Pro), 9 February 2022, e-Competitions February 2022, Art. N° 109163

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