CASE COMMENT: PROCEDURES (FRANCE) - PRESCRIPTION - INTERRUPTION OF THE PRESCRIPTION FOLLOWING APPEAL BROUGHT AGAINST THE ORDINANCE HAVING AUTHORISED THE INSPECTIONS

Prescription: The French Competition Council holds that the appeal against an ordinance authorising inspections is not an action brought only in the private interest of the undertakings concerned, but rather relates to the exercise of the right of defence in a procedure aiming at enforcing the economic public order (Route des Estuaires)

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Interruptive effect of appeals against orders authorizing home visits and seizures: An appeal against an order authorizing home visits is not the manifestation of an action in the private interest of companies, but is part of the exercise of the rights of defence in proceedings aimed at enforcing public economic order.

Cons. conc. dec. no. 05-D-19 of 12 May 2005 relating to practices implemented in the context of construction contracts for engineering structures for the construction of the A 84 motorway, known as the "Estuary Road", in the Manche department. More than for its substantive developments on the identification of a concerted practice in the field of public works, it is above all for the passage relating to the limitation period that this decision immediately attracted attention (see obs. E. Chevrier, D. 17 May 2005; A. Ronzano, Creda-competition list, 13 May 2005). The companies in

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Chantal Momège, Prescription: The French Competition Council holds that the appeal against an ordinance authorising inspections is not an action brought only in the private interest of the undertakings concerned, but rather relates to the exercise of the right of defence in a procedure aiming at enforcing the economic public order (Route des Estuaires), 12 May 2005, Concurrences N° 3-2005, Art. N° 1074, p. 127

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