CASE COMMENTS: PROCEDURES – ACCESS TO FILE – SECRECY OF PROCEEDINGS – ARTICLE L.463-6 OF THE FRENCH COMMERCIAL CODE – ARTICLE 138 OF THE CODE OF CIVIL PROCEDURE

Access to file: The Paris Commercial Court orders the French NCA to disclose documents collected in the context of commitments proceedings in order to rule on a damage action (Ma Liste de Courses/Highco and Sogec)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. While the year 2011 was marked by a new round of consultations by the European Commission on civil actions (first on a coherent European approach to collective actions, then on the quantification of damages) and litigation before the Court of Justice on access to authorities' documents is increasing (see not. CJEU, 14 June 2011, Pfleiderer AG, C-360/09), the judgment handed down by the Paris Commercial Court on 24 August 2011 opens up a new front on the subject of the link between what is known as objective and subjective litigation. Indeed, whereas until now most of the debates had focused on the protection of the leniency procedure, it is the commitments

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Access to file: The Paris Commercial Court orders the French NCA to disclose documents collected in the context of commitments proceedings in order to rule on a damage action (Ma Liste de Courses/Highco and Sogec), 24 August 2011, Concurrences N° 4-2011, Art. N° 40042, pp. 178-181

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