Case C-690/20 P: 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 (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)
Date: 2023-03-09
Institutions: Court of Justice
Subjects: EU competition policy, cartel, control of restrictive practices, recording, restriction on competition, right to justice








C_2023155EN.01000301.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/3






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);










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);










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.






(1)  OJ C 62, 22.2.2021.