Tag Archives: Proportionality

Case C-408/12 P YKK Corporation and others v Commission: Calculation of competition fine, 10% legal ceiling and parent-subsidiary liability

The Court of Justice does not often interfere, on appeal, with the way fines for competition cases are calculated and scrutinised by the General Court. It will do so, however, if an error of law is made, for example.

In Case C-408/12 P YKK Corporation and others v Commission  EU:C:2014:66 the Court of Justice did find an error and it did readjust the amount of the fine imposed on a company for infringing the competition rules. Here’s what happened….

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Joined CasesC-293/12 and C-594/12 Digital Rights Europe Ltd and others : Invalidity of Data Retention Directive

Boum ! The Court of Justice has declared that the Data Retention Directive, Directive 2006/24/EC, is invalid in today’s judgment in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland Ltd and Kärntner Landesregierung and others.

Not only that, but the Court says some important things about judicial review, legislative discretion and compliance with the principle of protection of personal data: in matters of privacy and the protection of personal data, legislative discretion is reduced, therefore judicial review is strict.

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