On March 25, 2021, the Spanish High Court (Audiencia Nacional) annulled the decision to initiate the sanctioning proceeding S/0628/18 Residuos 2. In Appeal No 1232/2021 (ECLI:ES:AN:2021:1232), the Spanish High Court concluded that, the National Commission for Markets and Competition (“CNMC”) had violated the non bis in idem principle when reopening an investigation for which there was already a final and previous judgment on the merits of the case with res judicata effects. Lack of single and continuous infringement in the first Sanctioning Proceeding On July 4, 2013, the CNMC opened sanctioning proceedings under reference S/0429/12 Residuos after finding indicia of anticompetitive practices in its investigation in the urban waste management sector (the “First Sanctioning Proceedings”).
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The Spanish High Court quashes the formal reopening of an investigation in the waste management sector deeming that there has been a violation of the non bis in idem principle due to a previous judgment on the merits of the case with res judicata effects (Residuos II)
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