CASE COMMENTS: PROCEDURE - CHALLENGEABLE ACT - DECISIONS OF THE HEARING OFFICER

Statement of objections: The CFI holds that decisions whereby the Hearing Officer establishes the non confidential version of a SO and the public version of a decision applying competition rules are challengeable acts (Bank Austria)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The two judgments commented on above, which have their origin in the investigation procedure initiated by the Commission against Austrian banks suspected of having participated in the Lombard Club, are also of interest from a substantive point of view. They broaden the range of acts which may be the subject of an action for annulment. In the Bank Austria Creditanstalt (hereinafter 'BAC') case, the decision of the Hearing Officer to adopt the public version of a decision pursuant to Article 81 of the EC Treaty was challenged (BAC judgment, paragraphs 8 to 13). In the Osterreichische Postsparkasse (hereinafter 'OP') case, it was the decision of the Hearing

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  • European Court of Justice (Luxembourg)

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Fabien Zivy, Statement of objections: The CFI holds that decisions whereby the Hearing Officer establishes the non confidential version of a SO and the public version of a decision applying competition rules are challengeable acts (Bank Austria), 30 May 2006, Concurrences N° 3-2006, Art. N° 12097, pp. 135-137

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