# C_2023304EN.01000401.xml

| 28.8.2023 | EN | Official Journal of the European Union | C 304/4 |
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28.8.2023

EN

Official Journal of the European Union

C 304/4

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Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão (Portugal) lodged on 24 April 2023 — SIBS — Sociedade Gestora de Participações Sociais SA and Others v Autoridade da Concorrência

(Case C-260/23, SIBS — Sociedade Gestora de Participações Sociais and Others)

(2023/C 304/06)

Language of the case: Portuguese

Referring court

Tribunal da Concorrência, Regulação e Supervisão

Parties to the main proceedings

Applicants: SIBS — Sociedade Gestora de Participações Sociais SA, SIBS, Cartões — Produção e Processamento de Cartões SA, SIBS Processos — Serviços Interbancários de Processamento SA, SIBS International SA, SIBS Pagamentos SA, SIBS Gest SA, SIBS — Forward Payment Solutions SA, SIBS MB SA

Defendant: Autoridade da Concorrência

Questions referred

| I. | Do the business records at issue in this case, which are transmitted by e-mail, constitute ‘correspondence’ for the purposes of Article 7 of the Charter of Fundamental Rights of the European Union? |
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I.

Do the business records at issue in this case, which are transmitted by e-mail, constitute ‘correspondence’ for the purposes of Article 7 of the Charter of Fundamental Rights of the European Union?

| II. | Does Article 7 of the Charter of Fundamental Rights of the European Union preclude business records arising from e-mail communications between managers and employees of undertakings from being seized in the course of an investigation into agreements and practices prohibited under Article 102 TFEU (ex Article 82 TEC)? |
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II.

Does Article 7 of the Charter of Fundamental Rights of the European Union preclude business records arising from e-mail communications between managers and employees of undertakings from being seized in the course of an investigation into agreements and practices prohibited under Article 102 TFEU (ex Article 82 TEC)?

| III. | Does Article 7 of the Charter of Fundamental Rights of the European Union preclude such business records from being seized on the prior authorisation of a judicial authority, in this case the Public Prosecutor’s Office, which is responsible for representing the State, defending the interests determined by law, bringing criminal prosecutions on the basis of the principle of legality and defending democratic legality in accordance with the Constitution, and which operates independently of the other central, regional and local authorities? |
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III.

Does Article 7 of the Charter of Fundamental Rights of the European Union preclude such business records from being seized on the prior authorisation of a judicial authority, in this case the Public Prosecutor’s Office, which is responsible for representing the State, defending the interests determined by law, bringing criminal prosecutions on the basis of the principle of legality and defending democratic legality in accordance with the Constitution, and which operates independently of the other central, regional and local authorities?

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