The Higher Regional Court of Hamm approves access to a criminal file containing a leniency application and the confidential version of a Commission’s fining decision to a civil court reviewing a damage claim against members of a cartel

In its decision of 26 November 2013 [1] , the Higher Regional Court of Hamm (“the Court”) had to decide whether a criminal investigation file including a leniency application submitted by a cartelist and parts of the confidential version of the European Commission’s fining decision could be disclosed by the public prosecutor to a civil court reviewing a damage claim against members of the cartel. Against the pleading of the cartelists and the German Federal Cartel Office the Court came to the conclusion that the prosecutor was allowed to accept the civil court’s request for access to file. Proceedings In early 2004, the European Commission (“Commission”) started ex-officio investigations into an alleged cartel for the sale, installation, maintenance and modernization of elevators and

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  • Commeo (Frankfurt)

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Isabel Oest, The Higher Regional Court of Hamm approves access to a criminal file containing a leniency application and the confidential version of a Commission’s fining decision to a civil court reviewing a damage claim against members of a cartel, 26 November 2013, e-Competitions November 2013, Art. N° 65282

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