The Brussels Court of Appeal refers several preliminary questions to the ECJ on the involvement of a NCA in appeal proceedings (VEBIC)

Facts of the case 1. On 25 January 2008, the Belgian Competition Council (Conseil de la concurrence) has condemned VEBIC, a professional association of Flemish bakeries, for having established a common cost index inciting Flemish bakeries to increase their prices in violation with the national Belgian cartel provisions, Article 3 of the Belgian Competition Act (loi sur la protection de la concurrence économique) [1]. 2. VEBIC lodged appeal against this decision before the Brussels Court of Appeal (Cour d'appel), which is the only competent jurisdiction for appeals against decisions of the Competition Council. On the basis of the Belgian Competition Act, as amended in 2006, it is not possible for the Competition Council to intervene in such appeal proceedings against its decisions.

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