CASE COMMENTS : ARTICLE 81 EC - AGREEMENTS AND CONCERTED PRATICES - PLASTERBOARD - ECONOMIC UNIT - COMPANY RESPONSIBLE FOR THE ECONOMIC UNIT’S ACTIONS - RIGHTS TO AN EFFECTIVE REMEDY AND OF ACCESS TO AN IMPARTIAL TRIBUNAL - ARGUMENT RAISED FOR THE FIRST TIME DURING THE JUDICIAL PROCEEDING

Rights to an effective remedy and to an impartial tribunal : The ECJ upholds the fine while reinforcing the rights to an effective remedy and of access to an impartial tribunal of the undertakings (Knauf Gips)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 1 July 2010, Knauf Gips v Commission, Case C-407/08 P, In a judgment on appeal delivered on 1 July 2010, the Court of Justice of the European Union upheld the fine imposed on Knauf Gips KG as the party responsible for the entire conduct of the Knauf Group. For the purposes of this contribution, it should be noted that, notwithstanding that confirmation, the Court of Justice has decided to set aside the judgment of the Court of First Instance on an essential point of law in so far as it concerns the fundamental right to an effective remedy and access to an impartial tribunal. In that regard, it will be recalled that in the judgment of 8 July 2008

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  • European Court of Justice (Luxembourg)

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Cyril Sarrazin, Rights to an effective remedy and to an impartial tribunal : The ECJ upholds the fine while reinforcing the rights to an effective remedy and of access to an impartial tribunal of the undertakings (Knauf Gips), 1 July 2010, Concurrences N° 4-2010, Art. N° 32941, pp. 101-102

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