On 20 January 2014 the Italian Supreme Court handed down a significant judgment on the scope of the judicial review of decisions taken by the Italian Competition Authority (ICA), considering issues addressed in the ECHR judgment in Menarini Diagnostic s.r.l./Italia, 27 September, 2011, appeal no. 43509/08. In the Menarini case, the ECHR confirmed in a majority judgment that the Italian judicial review system was compliant with human rights because it granted applicants a right of access to a court with full jurisdiction. An Italian administrative judge is able to examine all questions of law and fact relevant to a disputed competition decision, evaluating all the evidence collected by the ICA. Review is “full”, since the administrative Court can assess
The Italian Supreme Court confirms that Administrative Courts cannot themselves rule on technical concepts within the competence of the Competition Authority (Acea / Suez Environment)
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