CASE COMMENTS: PROCEDURE - PUBLICATION OF A DECISION APPLYING COMPETITION RULES - NON CONFIDENTIAL VERSION

Decision: The CFI holds that what is not explicitly prohibited by a decision is allowed (Bank Austria)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Bank Austria Creditanstalt (hereinafter 'BAC') judgment reflects the increase in 'ancillary' competition law disputes, i.e. disputes relating not to the substance of the law but to the procedure by which the administration decides on the matter. At issue in this case was the question of the content of the version of the decision implementing Article 81 of the EC Treaty intended for publication in the Official Journal, as the Commission is required to do (EC Cons., Regulation No 17 of 6 Feb. 1962, OJEC No 13, p. 204, Article 21, then applicable). Although ancillary from the point of view of competition law, that question may nonetheless be crucial for

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  • European Court of Justice (Luxembourg)

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Fabien Zivy, Decision: The CFI holds that what is not explicitly prohibited by a decision is allowed (Bank Austria), 30 May 2006, Concurrences N° 3-2006, Art. N° 12093, p. 133-135

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