CASE COMMENTS: PROCEDURES - INSPECTION – RIGHT TO RESPECT FOR THE HOME – EX POST FACTO REVIEW

ECHR - Inspections : The European Court of Human Rights rules that an inspection carried out by a competition authority on the premises of an undertaking must be subject to an effective ex post facto review when there was no prior judicial review (Delta Pekárny/Czech Republic)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In this case, the Czech Competition Authority had carried out an inspection at the premises of a company in search of evidence of a cartel practice. This inspection had been authorized by the Competition Authority itself and had been carried out by several of its agents in the offices of the commercial department of this company, without the presence of third parties, in particular the judicial authority. On that occasion, the agents in question requested access to certain offices and above all to be able to examine the electronic correspondence of several employees, with their permission. As was clear from the report drawn up at the end of the

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Alexandre Lacresse, ECHR - Inspections : The European Court of Human Rights rules that an inspection carried out by a competition authority on the premises of an undertaking must be subject to an effective ex post facto review when there was no prior judicial review (Delta Pekárny/Czech Republic), 2 October 2014, Concurrences N° 1-2015, Art. N° 71380, pp. 169-171

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