Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Cartels
7.
Appeal
7.1
Can the defendant company appeal the enforcement authorities’ decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and to which reviewing authority? What is the standard of review applied by the reviewing authority (eg, limited to errors of law or a full review of all facts and evidence)?
European Union

Answer ... Addressees of Commission’s decisions are entitled to appeal to the General Court within two months of the decision. Third parties may also appeal Commission’s decisions, provided they have a direct and individual concern. The grounds of an appeal include:

  • the Commission’s lack of competence or error of appreciation/fact;
  • an infringement of an essential procedural requirement; and
  • an infringement of the treaties or rules relating to their application or misuse of powers (see Article 263 TFEU).

The General Court has unlimited jurisdiction in an action for annulment to annul the decision in full or in part, and to increase or decrease any fine imposed.

General Court judgments may be appealed on points of law to the CJEU within two months. Such appeals may be made only on three possible grounds: lack of competence of the General Court, breach of procedure or infringement of EU law by the General Court.

For more information about this answer please contact: Geert Goeteyn from Shearman & Sterling LLP
7.2
Can third parties appeal the enforcement authorities’ decision, and if so, in what circumstances?
European Union

Answer ... Third parties with a direct and individual concern in the decision may appeal Commission’s decisions.

For more information about this answer please contact: Geert Goeteyn from Shearman & Sterling LLP
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