CASE COMMENT: PROCEDURES - AUTOMOBILE REPARATION - CONSULTATIVE PROCEDURE - OWN-INITIATIVE INVESTIGATION - OPINION NOT GIVING RISE TO COMPLAINT - ULTRA VIRES ACTION (NO)
Opinion: The State Council confirms that in theory the French Competition Authority’s opinions do not give rise to complaint (Comité des constructeurs français d’automobiles)
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In a decision handed down on 17 July 2013, the Conseil d'État confirmed, using word for word the formulas it had used in its first two decisions adopted on 11 October 2012 in the Casino and ITM cases, that the opinions issued by the Competition Authority on general competition issues, i.e. at the request of the authorized third parties listed in Article L. 462-1 of the French Commercial Code, or, since 2008, on its own initiative pursuant to Article L. 462-4 of the French Commercial Code, do not constitute decisions giving rise to a complaint and, therefore, do not have the character of a decision that may be appealed for abuse of power, insofar as the
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