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Commitments and Protection of Third-Party Contractual Rights: The CJEU Overturns for the First Time a Commitments Decision in the Canal + Judgment (C-132/19 P Canal +)

Michael Tagliavini

DOI https://doi.org/10.21552/core/2021/3/30

Keywords: commitments, third-party contractual rights, judicial review


Case C-132/19 P Groupe Canal + v Commission, Judgment of the Court of Justice of the European Union (Second Chamber) of 9 December 2020
On 9 December 2020, the Court of Justice of the European Union (CJEU) rendered a seminal judgment (Judgment) in Groupe Canal + v Commission and clarified that the Commission is not entitled to accept commitments having an adverse effect on pre-existing contractual rights of third parties. The case is extremely relevant given that it constitutes one of the few instances where the CJEU has reviewed a commitment decision and because of its possible implications for the Commission’s commitments policy. The Judgment also provides relevant clarifications with reference to the Alrosa ruling.

Michael Tagliavini, PhD candidate in Law and Business, LUISS University. For correspondence: <mailto:mtagliavini@luiss.it>.

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