CASE COMMENTS: PROCEDURE - EC COMPETITION PROCEEDINGS - PUBLICATION OF A NON-CONFIDENTIAL VERSION OF AN INFRINGEMENT DECISION - DISCLOSURE OF INFRINGEMENT COMMITTED BY AN UNDERTAKING OTHER THAN THE ADDRESSEES OF THE DECISION - PRESUMPTION OF INNOCENCE

Presumption of innocence: The CFI rules that the presumption of innocence prevents the Commission from disclosing any information relating to an infringement allegedly committed by an undertaking, the responsibility of which has not been formally established by the Commission (Pergan - Peroxydes organic cartel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CFI, 12 October 2007, Pergan Hilfsstoffe für industrielle Prozesse v Commission, Case T-474/04. The various incentives for reparation actions by cartel victims deserve to be highlighted in the litigation relating to the disclosure of information gathered in the framework of infringement proceedings. This litigation is developing along two lines. The first concerns the conditions under which third parties may have access to documents at the end of the proceedings, whether on the basis of the procedural rules specific to competition (CFI, 7 June 2006, Österreichische Postsparkasse v Commission, Case T 213/01, ECR p. II 1601, paragraph 2).) or Regulation No

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Presumption of innocence: The CFI rules that the presumption of innocence prevents the Commission from disclosing any information relating to an infringement allegedly committed by an undertaking, the responsibility of which has not been formally established by the Commission (Pergan - Peroxydes organic cartel), 12 October 2007, Concurrences N° 1-2008, Art. N° 15460, p. 165

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