In its judgments of March 9, 2023 the Court of Justice of the EU (CJEU) annulled the General Court's (GC) judgment that had partly upheld the European Commission's (EC) inspection decision, and ruled that the EC had failed to fulfil its obligation to properly record the interviews it conducted with suppliers to collect information relating to its investigation. In the absence of valid evidence justifying the inspection, the CJEU ruled that the inspections were illegal, and annulled the EC's decisions in their entirety. [1] While the CJUE rejects the appellants' argument that Regulation 1/2003 did not provide sufficient remedies to appeal the conduct of a dawn raid, the CJEU establishes that, a company subject to a dawn raid has an immediate right of appeal against any measure taken
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The EU Court of Justice sets aside in part the judgments of the General Court and, consequently, annuls the decisions of the Commission ordering inspections at the premises of a number of French undertakings in the distribution sector on account of suspicions of anticompetitive practices (Intermarché Casino Achats)
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