CASE COMMENTS: PROCEDURES – RIGHTS OF THE DEFENCE – ACCESS TO THE FILE – HEARING OF THE UNDERTAKING

Rights of the defence: The Court of Justice annuls a General Court’s judgment and declares illegal the Commission’s decisions adopted despite the loss of parts of the file (Solvay)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. CJEU, 25 October 2011, Solvay v. Commission, Case C-109/10 P, "Soda ash market". CJEU, 25 October 2011, Solvay v. Commission, Case C-110/10 P, "Soda ash market". Without going back over all the background to those disputes, it will be recalled that, in 1990, Solvay was penalised both under Article 81 EC (now Article 101 TFEU) and under Article 82 EC (now Article 102 TFEU) and that the Commission's decisions were subsequently annulled by the Court of First Instance either for infringement of the rights of the defence or for failure to authenticate those decisions

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Alexandre Lacresse, Rights of the defence: The Court of Justice annuls a General Court’s judgment and declares illegal the Commission’s decisions adopted despite the loss of parts of the file (Solvay), 16 February 2012, Concurrences N° 1-2012, Art. N° 42300, pp. 182-183

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