The EU Court of Justice holds the preliminary ruling of the Spanish Competition Authority inadmissible due to the fact that the Competition Authority is not a ‘court or tribunal’ for the purpose of Article 267 TFEU (Anesco)

National Competition Authorities and Article 267 TFEU: the ECJ’s take on the referral by the Spanish Commission on Markets and Competition and its implications* Introduction and summary In the recent Anesco case, the ECJ held the preliminary request of the Spanish National Commission on Markets and Competition (CNMC) inadmissible due to the fact that the CNMC was not a ‘court or tribunal’ for the purpose of Article 267 TFEU. The ECJ has not dealt with the question whether a competition authority is a ‘court or tribunal’ since its famous 2005 Syfait case, which came to the same conclusion with regard to the Greek Competition Commission. In 1992, the Court still did accept a reference from a Spanish competition authority but back then, the institutional framework in Spain was different,

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  • Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

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Lena Hornkohl, The EU Court of Justice holds the preliminary ruling of the Spanish Competition Authority inadmissible due to the fact that the Competition Authority is not a ‘court or tribunal’ for the purpose of Article 267 TFEU (Anesco), 16 September 2020, e-Competitions September 2020, Art. N° 96891

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