This contribution formulates some brief considerations on whether the level of protection offered under EU law, and most notably under the EU Charter of Fundamental Rights (CFR), matches the ECHR standard. With specific reference to inspections ordered at the premises of the interested companies, the judgment in Deutsche Bahn is particularly telling since it explicitly mentions the recent Delta Perkany v. Czech Republic judgement (Appl. No 97/11, 2014), where the ECtHR found that failure to review the factual elements appraised by the national competition authority with a view to order dawn raids constitutes a violation of Art. 8 ECHR.
G. Di Federico (2015). The appeal judgement in Deutsche Bahn AG (C-583/13P): some reflections on the standard of the protection of the rights of defense in antitrust proceedings. EUROJUS, 2(2), 1-6.
The appeal judgement in Deutsche Bahn AG (C-583/13P): some reflections on the standard of the protection of the rights of defense in antitrust proceedings
DI FEDERICO, GIACOMO
2015
Abstract
This contribution formulates some brief considerations on whether the level of protection offered under EU law, and most notably under the EU Charter of Fundamental Rights (CFR), matches the ECHR standard. With specific reference to inspections ordered at the premises of the interested companies, the judgment in Deutsche Bahn is particularly telling since it explicitly mentions the recent Delta Perkany v. Czech Republic judgement (Appl. No 97/11, 2014), where the ECtHR found that failure to review the factual elements appraised by the national competition authority with a view to order dawn raids constitutes a violation of Art. 8 ECHR.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
