1.

Is Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council (1) of 26 November 2014 applicable to an action for access to evidence prior to the bringing of an action for damages within the meaning of Article 2(4) of that directive?

If the foregoing question is answered in the affirmative:

2.

Does the requirement as to the plausibility of the [claim for damages] laid down in Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 always compel the applicant to demonstrate that, in the case at issue, harm is more likely to have been caused to the consumers represented, in this instance those resident in Portugal, than not?

3.

May national courts base the criterion as to the plausibility of the [claim for damages] laid down in Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 exclusively on the existence of a decision adopted by the competent competition authorities[?] In particular, what bearing would it have on this analysis if the decision in question were one adopted as part of a settlement procedure relating to a vertical infringement by object of EU competition law?