The EU Court of Justice preliminarily determines the Commission may lawfully request the creation of new documents by classifying or compiling knowledge already in its possession provided the request is consistent with the principle of proportionality (PACCAR / DAF Trucks / AD and others)

The disclosure of ‘relevant evidence’, within the meaning of EU law, includes documents that a party may be required to create by compiling or classifying information, knowledge or data in its possession* In accordance with the principle of proportionality, the national courts must, however, take into account the appropriateness of the workload and the cost that the creation of such documents may entail Directive 2014/104 [1] aims to facilitate the private enforcement of EU competition rules by means of, inter alia, rules on the disclosure of evidence before national courts in disputes seeking compensation for damages suffered as a result of conduct contrary to EU competition law. On 19 July 2016, the Commission found [2] that 15 international truck manufacturers had participated in