CASE COMMENT : PROCEDURE – ACCESS TO THE FILE – NATIONAL COMPETITION AUTHORITY – INADMISSIBILITY

Access to the files: The General Court rejects as inadmissible the action for annulment brought by an undertaking against the European Commission refusal to grant access to the file to a national competition authority (Henkel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Trib. UE (ord .), 7 March 2013, Henkel v. Commission, Case T-64/12 Trib. UE (ord. prés.), 23 January 2012, Henkel v. Commission, aff. T-607/11 R Must an action brought against an act which, first, does not adversely affect the applicant and, second, has lapsed, be dismissed on the ground of (a) lack of an interest in bringing proceedings or (b) lack of a challengeable act? Confronted with this type of question, when faced with an act the decision-making nature of which is not obvious, it is pragmatism which often serves as a guide. The Court of First Instance of the European Union has thus ruled in favour of the first branch of this alternative, in a

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Access to the files: The General Court rejects as inadmissible the action for annulment brought by an undertaking against the European Commission refusal to grant access to the file to a national competition authority (Henkel), May 2013, Concurrences N° 2-2013, Art. N° 52049, p. 148

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