Case C-163/21

DECISION

Title: Judgment of the Court (Second Chamber) of 10 November 2022. AD v PACCAR Inc and Others. Request for a preliminary ruling from the Juzgado Mercantil de Barcelona. Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions. Case C-163/21.
ECLI identifier: ECLI:EU:C:2022:863
Judge-Rapporteur: Wahl
Type of procedure: Reference for a preliminary ruling
Complementary documents:: Communication published in the Official Journal

Abstract

10/11/2022

Title: Opinion of Advocate General Szpunar delivered on 7 April 2022. AD v PACCAR Inc and Others. Request for a preliminary ruling from the Juzgado Mercantil de Barcelona. Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions. Case C-163/21.
ECLI identifier: ECLI:EU:C:2022:286
Advocate General: Szpunar

07/04/2022

Title: Case C-163/21: Request for a preliminary ruling from the Juzgado Mercantil 7 de Barcelona (Spain) lodged on 11 March 2021 — AD and Others v PACCAR Inc, DAF TRUCKS NV, DAF Trucks Deutschland GmbH

28/06/2021