The Italian Supreme Court confirms that Administrative Courts cannot themselves rule on technical concepts within the competence of the Competition Authority (Acea / Suez Environment)

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

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Filippo Fioretti, The Italian Supreme Court confirms that Administrative Courts cannot themselves rule on technical concepts within the competence of the Competition Authority (Acea / Suez Environment), 20 January 2014, e-Competitions January 2014, Art. N° 77263

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