# C_2023155EN.01000301.xml

| 2.5.2023 | EN | Official Journal of the European Union | C 155/3 |
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2.5.2023

EN

Official Journal of the European Union

C 155/3

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Judgment of the Court (First Chamber) of 9 March 2023 — Casino, Guichard-Perrachon, Achats Marchandises Casino SAS (AMC) v European Commission, Council of the European Union

(Case C-690/20 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 155/03)

Language of the case: French

Parties

Appellants: Casino, Guichard-Perrachon, Achats Marchandises Casino SAS (AMC) (represented by: G. Aubron, Y. Boubacir, O. de Juvigny, I. Simic and A. Sunderland, 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, Casino, Guichard-Perrachon and AMC v Commission (T-249/17, EU:T:2020:458); |
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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, Casino, Guichard-Perrachon and AMC v Commission (T-249/17, EU:T:2020:458);

| 2. | Sets aside point 3 of the operative part of the judgment of the General Court of the European Union of 5 October 2020, Casino, Guichard-Perrachon and AMC v Commission (T-249/17, EU:T:2020:458), 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, Casino, Guichard-Perrachon and AMC v Commission (T-249/17, EU:T:2020:458), in so far as it ruled on costs;

| 3. | Annuls Commission Decision C(2017) 1054 final of 9 February 2017 ordering Casino 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 (AT.40466 — Tute 1); |
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3.

Annuls Commission Decision C(2017) 1054 final of 9 February 2017 ordering Casino 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 (AT.40466 — Tute 1);

| 4. | Orders the European Commission to bear its own costs and to pay those incurred by Casino, Guichard-Perrachon SA and by Achats Marchandises Casino SAS (AMC), 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 Casino, Guichard-Perrachon SA and by Achats Marchandises Casino SAS (AMC), 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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