# C_2023155EN.01000401.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/4 |
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2.5.2023

EN

Official Journal of the European Union

C 155/4

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Judgment of the Court (First Chamber) of 9 March 2023 — Intermarché Casino Achats v European Commission, Council of the European Union

(Case C-693/20 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Decision of the European Commission ordering an inspection - Remedies against the conduct of the inspection - Article 47 of the Charter of Fundamental Rights of the European Union - Right to an effective remedy - Regulation (EC) No 1/2003 - Article 19 - Regulation (EC) No 773/2004 - Article 3 - Recording of interviews conducted by the Commission during its investigations - Starting point of the Commission’s investigation)

(2023/C 155/04)

Language of the case: French

Parties

Appellant: Intermarché Casino Achats (represented by: F. Abouzeid, S. Eder, J. Jourdan, C. Mussi and Y. Utzschneider, Avocats)

Other parties to the proceedings: European Commission (represented by: P. Berghe, A. Cleenewerck de Crayencour, A. Dawes and I. V. Rogalski, acting as Agents), Council of the European Union (represented by: A.-L. Meyer and O. Segnana, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside point 2 of the operative part of the judgment of the General Court of the European Union of 5 October 2020, Intermarché Casino Achats v Commission (T-254/17, not published, EU:T:2020:459); |
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1.

Sets aside point 2 of the operative part of the judgment of the General Court of the European Union of 5 October 2020, Intermarché Casino Achats v Commission (T-254/17, not published, EU:T:2020:459);

| 2. | Sets aside point 3 of the operative part of the judgment of the General Court of the European Union of 5 October 2020, Intermarché Casino Achats v Commission (T-254/17, not published, EU:T:2020:459) in so far as it ruled on costs; |
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2.

Sets aside point 3 of the operative part of the judgment of the General Court of the European Union of 5 October 2020, Intermarché Casino Achats v Commission (T-254/17, not published, EU:T:2020:459) in so far as it ruled on costs;

| 3. | Annuls Commission Decision C(2017) 1056 final of 9 February 2017, ordering Intermarché Casino Achats and all companies directly or indirectly controlled by it to submit to an inspection in accordance with Article 20(1) and (4) of Council Regulation (EC) No 1/2003 (Case AT.40466 — Tute 1); |
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3.

Annuls Commission Decision C(2017) 1056 final of 9 February 2017, ordering Intermarché Casino Achats and all companies directly or indirectly controlled by it to submit to an inspection in accordance with Article 20(1) and (4) of Council Regulation (EC) No 1/2003 (Case AT.40466 — Tute 1);

| 4. | Orders the European Commission to bear its own costs and to pay those incurred by Intermarché Casino Achats SARL, both at first instance and in the appeal proceedings; |
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4.

Orders the European Commission to bear its own costs and to pay those incurred by Intermarché Casino Achats SARL, both at first instance and in the appeal proceedings;

| 5. | Orders the Council of the European Union to bear its own costs, both at first instance and in the appeal proceedings. |
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5.

Orders the Council of the European Union to bear its own costs, both at first instance and in the appeal proceedings.

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(1)  OJ C 62, 22.2.2021.

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