The Court of Justice (“the Court”) delivered its judgment on appeal in Case C-583/13 P Deutsche Bahn AG a.o. v European Commission, which deals with three important issues concerning the Commission’s powers of inspection in competition cases. These three issues, as defined by DB’s three pleas on appeal, refer to, first, the interpretation and application of the fundamental right to the inviolability of the home provided for in Articles 7 of the Chapter and Article 8 of the ECHR; second, the interpretation and application of the right to effective judicial protection provided for in Article 47 of the Chapter and Article 6(1) of the ECHR; and third, the rights of defence due to alleged irregularities vitiating the conduct of the first inspection.

In this post, we will look closer into the third issue, i.e. the required scope of the Commission’s inspection decisions. Continue reading →