Case Comment: Procedures - Penalty - Time-limit

Power to take a decision : General Court affirms that the power to take a decision requires a legitimate interest but is limited in time (Sumitomo Chemical)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Is the Commission entitled to adopt a competition enforcement decision on a time-barred infringement? If so, is the exercise of that right subject to certain conditions? These questions were at the heart of the Sumitomo case. That case was referred back to a formation of five Judges (the First Chamber (Extended Composition) and then, as a result of the reassignment of the Judge-Rapporteur, the Fourth Chamber (Extended Composition)), which indicates the importance which the Court of First Instance saw fit to attach to them. The answers given are affirmative. In so doing, the Court of First Instance innovates, without inventing, since it follows the line

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  • European Court of Justice (Luxembourg)

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Fabien Zivy, Power to take a decision : General Court affirms that the power to take a decision requires a legitimate interest but is limited in time (Sumitomo Chemical), 6 October 2005, Concurrences N° 1-2006, Art. N° 949

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