Background The present case concerns a combined set of two actions lodged by DB Schenker against ESA on 9 July 2012 [1]: an action for failure to act under Article 37 SCA and an action for non-contractual liability based on Article 46 SCA. At the origin of the present litigation we can find the action brought by ESA against Norway Post in a case of abuse of dominance. The decision of ESA in Case No 34250 has been subject to judicial review in Case E-15/10 [2]. The verdict against Norway Post in the named case was released on 18 April 2012. In connection with this dispute DB Schenker, competitor of Norway Post and later intervener in the proceedings asked for access to documents, first by email on 3 August 2010. Since August 2010 a very long and assiduous exchange of correspondence
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The EFTA Court establishes that not issuing a timely decision in relation to an application for access to antitrust documents constitutes a serious breach of law (DB Schenker/ESA II)
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