CASE COMMENTS: PROCEDURES – EUROPEAN UNION – EVIDENCE – FISCAL PROCEEDINGS – ADMISSIBILITY

Recevabilité : Advocate General Kokott proposes to the Court of Justice of the European Union to admit the admissibility of evidence fortuitously discovered in the course of a national tax procedure and their use by the European Commission (FSL Holdings)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The central issue in this case is whether the Commission can use evidence and information provided by a national tax authority to sanction a cartel practice. In 2011, the applicants had been convicted of a cartel on the banana market in southern Europe between 2004 and 2005. The Commission initiated the proceedings after the Italian financial police

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Alexandre Lacresse, Recevabilité : Advocate General Kokott proposes to the Court of Justice of the European Union to admit the admissibility of evidence fortuitously discovered in the course of a national tax procedure and their use by the European Commission (FSL Holdings), 17 November 2016, Concurrences N° 1-2017, Art. N° 83526, pp. 184-185

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