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Sped-Pro v Commission: Beware of the Rule of Law

Rita Ferreira Gomes

DOI https://doi.org/10.21552/core/2023/1/12

Keywords: antitrust, handling of complaints, EU interest, Regulation 1/2003, system of parallel powers, rule of law, protection mechanisms


Case T-791/19 Sped-Pro v Commission, Judgment of the General Court (Tenth Chamber, Extended Composition) of 9 February 2022
With its judgment of 9 February 2022, the General Court annulled a Decision of the European Commission rejecting an antitrust complaint submitted on the grounds of systemic or generalised deficiencies in the rule of law in one Member State. According to the judgment, there should be a limit to the principle of mutual trust and cooperation among Member States within the European Competition Network. This judgment created not only a precedent, but also a powerful protection tool to be used in the future to safeguard of the rule of law.

Rita Ferreira Gomes, trainee lawyer with the EU & Competition Law department of Morais Leitão, Galvão Teles, Soares da Silva & Associados, Lisbon, Portugal; ORCID ID: 0000-0002-2122-1553. For correspondence: <mailto:rfgomes@mlgts.pt>.

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