PROCEDURES: RIGHTS OF THE DEFENSE – OBLIGATION OF DILIGENCE – MEANS OF PROOF

Rights of the defense: The Court of Justice of the European Union confirms that the group subject to a competition procedure is obliged to preserve the documents necessary for its defense even when it transferred the undertaking involved in the cartel (Bolloré)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The question of the preservation over time of the means of proof, and hence of the means of defence, is particularly topical in the present case. It will be recalled that in the ArcelorMittal Luxembourg judgment, the Court of Justice established the principle that undertakings to which an initial decision is addressed and which are parties to initial proceedings before the Court of First Instance and the Court of Justice are bound by a requirement of diligence which requires them to keep the documents necessary for their defence for as long as proceedings are pending and a decision has not become final in their regard (CJEU, 29 March 2011, ArcelorMittal

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Alexandre Lacresse, Rights of the defense: The Court of Justice of the European Union confirms that the group subject to a competition procedure is obliged to preserve the documents necessary for its defense even when it transferred the undertaking involved in the cartel (Bolloré), 8 May 2014, Concurrences N° 3-2014, Art. N° 68372, pp. 160-161

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