The EU General Court confirms that fact-finding measures conducted under article 20(4) of the Regulation No 1/2003 does not bring about a distinct change of the legal position of the applicant, thus may not be the subject of an action for annulment (Nexans)

I. Introduction The applicants in the present case seek the annulment of Commission decision of 9 January 2009 ordering them to submit to an inspection in accordance with article 20(4) of Regulation No 1/2003 as well as the way in which it was executed. In the context of an investigation the Commission has the power to conduct inspections at the premises of an undertaking, or in certain circumstances, also at private premises, though certain communications between lawyers and clients are excluded from the scope of the inspection [1]. The Regulation [No 1/2003] respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied with respect to

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Emanuela Matei, The EU General Court confirms that fact-finding measures conducted under article 20(4) of the Regulation No 1/2003 does not bring about a distinct change of the legal position of the applicant, thus may not be the subject of an action for annulment (Nexans), 14 November 2012, e-Competitions Due Process Research Program, Art. N° 50128

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