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Document 62018CJ0538
Judgment of the Court (Eighth Chamber) of 30 January 2020.
České dráhy a.s. v European Commission.
Appeal — Competition — Regulation (EC) No 1/2003 — Article 20(4) — Inspection decisions — Duty to state reasons — Reasonable grounds for finding an infringement of competition rules — Evidence lawfully gathered — Inspection ordered on the basis of evidence obtained from a previous inspection.
Joined Cases C-538/18 P and C-539/18 P.
Judgment of the Court (Eighth Chamber) of 30 January 2020.
České dráhy a.s. v European Commission.
Appeal — Competition — Regulation (EC) No 1/2003 — Article 20(4) — Inspection decisions — Duty to state reasons — Reasonable grounds for finding an infringement of competition rules — Evidence lawfully gathered — Inspection ordered on the basis of evidence obtained from a previous inspection.
Joined Cases C-538/18 P and C-539/18 P.
ECLI identifier: ECLI:EU:C:2020:53
Judgment of the Court (Eighth Chamber) of 30 January 2020 — České dráhy v Commission
(Joined Cases C‑538/18 P and C‑539/18 P) ( 1 )
(Appeal — Competition — Regulation (EC) No 1/2003 — Article 20(4) — Inspection decisions — Duty to state reasons — Reasonable grounds for finding an infringement of competition rules — Evidence lawfully gathered — Inspection ordered on the basis of evidence obtained from a previous inspection)
1. |
Competition — Administrative procedure — Commission's power of inspection — Decision ordering an inspection — Obligation to state reasons — Scope — Duty to specify the subject matter and purpose of the inspection — Duty to integrate the information received by a national authority in the context of an inquiry initiated on the basis of national law — Not included — Clear indication of the evidence suggesting an infringement — Duty to make a legal categorisation of the assumed infringements — None (Arts 102 and 296 TFEU; Council Regulation No 1/2003, Art. 20(4)) (see paras 40-50, 62) |
2. |
Competition — Administrative procedure — Commission's power of inspection — Use of an inspection decision — Discretion of the Commission — Limits — Observance of the principle of proportionality — Clear indication of the evidence suggesting an infringement — Duty to assess all exculpatory evidence — None (Council Regulation No 1/2003, Art. 20(4)) (see paras 63-65) |
3. |
Competition — Dominant position — Abuse — Meaning — Conduct having a restrictive effect on competition —Implementation of a exclusionary tariff strategy — Included —Lack of actual results on competitors — Irrelevant (Art. 102 TFEU) (see paras 66-70) |
4. |
Competition — Administrative procedure — Commission's power of inspection — Decision ordering an inspection — Obligation to state reasons — Scope — Obligation to identify precisely the relevant market — Duty to show that the effect on trade between Member States is appreciable — None (Council Regulation No 1/2003, Art. 20(4)) (see paras 80-83) |
5. |
Competition — Administrative procedure — Commission’s power of inspection — Scope and limits — Inspection covering the practice of predatory pricing of a dominant undertaking — Review of documents relating to the costs and strategy of the undertaking — Whether permissible (Art. 102 TFEU; Council Regulation No 1/2003, Art. 20) (see paras 99-104) |
Operative part
The Court:
1. |
dismisses the appeals; |
2. |
orders České dráhy a.s. to pay the costs. |
( 1 ) OJ C 392, 29.10.2018.