I. Background On 15 November 2007, the Luxembourg administrative tribunal (Tribunal administratif) (the “Tribunal”) rejected an action for annulment (hereinafter the “Action”) of a decision by the Competition Inspectorate (Inspection de la Concurrence) (the “Inspectorate”), by virtue of which the Inspectorate, in the course of investigations into cartels in the Luxembourg market relating to tile products, had ordered the applicant company (hereinafter the “Applicant”) to submit certain information as specified by the Inspectorate (hereinafter the “Decision”). The Action of the Applicant was based essentially on two pleas : First, that the challenged decision infringed the principle of non-retroactivity of the law insofar as it was aimed

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