The Spanish Supreme Court declares that members of governing bodies of companies may be penalised for competition law infringements and that their identity can be revealed (Infraestructuras Ferroviarias)

In its judgment dated 9 April 2019, the Spanish Supreme Court (the 'SC') found that the members of the governing bodies of undertakings that infringe competition rules can be penalised for their participation in those infringements regardless of the individual or collegiate nature of the governing body in question. The SC also confirmed that the identity of the sanctioned companies can be disclosed by Competition Authorities in its decisions and that such disclosure cannot be considered as an infringement of the sanctioned person's right to privacy. 1. BACKGROUND: DECISION OF THE CNMC IN CASE INFRAESTRUCTURAS FERROVIARIAS The SC's judgment is the result of a contentious-administrative appeal for the protection of fundamental rights lodged by one of the individuals (the 'Appellant') fined