CASE COMMENTS : PROCEDURE – INSPECTIONS – BREACH OF SEAL – BURDEN OF PROOF – PROPORTIONALITY OF THE FINE

Inspections: The Court of Justice considers as serious by its own nature the breach of a seal during an inspection and confirms the fine of 38 million euro (E.ON Energie)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 22 November 2012, E.ON Energy c/ Commission, Case C-89/11 P In May 2006, Commission officials, assisted by officials of the German competition authority (Bundeskartellamt), carried out an inspection at the premises of E.ON in Munich, suspecting its involvement in anti-competitive practices. It is not uncommon for such an inspection to take place over several days. The Commission's officials had therefore stored the documents selected during the day overnight in a room provided by the company. After being locked, the room was then sealed by means of an 'official seal measuring 90 mm by 60 mm […]affixed to approximately two thirds of its surface on

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Alexandre Lacresse, Inspections: The Court of Justice considers as serious by its own nature the breach of a seal during an inspection and confirms the fine of 38 million euro (E.ON Energie), 22 November 2012, Concurrences N° 1-2013, Art. N° 50704, pp. 167-169

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