ALERTS: PROCEDURES - EUROPEAN UNION - BELGIUM - AUSTRIA - NE BIS IN IDEM PRINCIPLE - COMPETENCE - REFORM

Principle ne bis in idem: Advocate General Bobek suggests that the Court of Justice of the European Union should adopt a new approach to the ne bis in idem principle incorporating, alongside the identity of the offender and the relevant facts, that of the legal interest protected (bpost / Nordzucker)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 2 September 2021, Advocate General Michal Bobek delivered convergent opinions in two cases raising questions about the application of the ne bis in idem principle in the presence of conflicting decisions by either two national competition authorities with parallel jurisdiction or by a competition authority and a sectoral regulatory authority, namely C-117/20 (bpost SA v Belgian Competition Authority) and C-151/20 (Bundeswettbewerbsbehörde v Nordzucker AG). This was done on the basis of two references for a preliminary ruling made respectively by the Cour d'appel de Bruxelles and the Austrian Oberster Gerichtshof, in which the latter asked the Court of

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Principle ne bis in idem: Advocate General Bobek suggests that the Court of Justice of the European Union should adopt a new approach to the ne bis in idem principle incorporating, alongside the identity of the offender and the relevant facts, that of the legal interest protected (bpost / Nordzucker), 2 September 2021, Concurrences N° 4-2021, Art. N° 102401, www.concurrences.com

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