CASE COMMENT : PROCEDURE - OPINIONS OF THE FRENCH NCA – ANNULMENT ACTIONS – INADMISSIBILITY– ADVERSELY AFFECTING ACTS

Annulment actions: The Council of State reaffirms the inadmissibility (save in exceptional circumstances) of appeals lodged against the opinions of the French Competition Authority in the case of an appeal against an opinion delivered at the French Competition Authority’s initiative (Automobile manufacturer)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The period under review gave the Conseil d'État the opportunity to rule for the third time in a few months on the scope of certain soft law acts of the Competition Authority. In this case, it was a new opinion issued on referral of its own motion pursuant to Article L. 462-4 of the Commercial Code (for previous decisions, see CE, 11 October 2012, ITM Entreprises e.a., No. 346378, 346444 and CE, 11 October 2012, Casino, No. 357193, obs. C. Lemaire and S. Naudin). An action againstOpinion No. 12-A-21 was brought before the Conseil d'État by the Comité des constructeurs français d'automobiles (Committee of French Automobile Manufacturers). of the Authority in

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Authors

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

Quotation

Christophe Lemaire, Simon Naudin, Annulment actions: The Council of State reaffirms the inadmissibility (save in exceptional circumstances) of appeals lodged against the opinions of the French Competition Authority in the case of an appeal against an opinion delivered at the French Competition Authority’s initiative (Automobile manufacturer), 17 July 2013, Concurrences N° 4-2013, Art. N° 59372, p. 146

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