CELEX: 62020CN0117
Language: en
Date: 2020-03-03 00:00:00
Title: Case C-117/20: Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 3 March 2020 — bpost SA v Autorité belge de la concurrence

11.5.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 161/41
            
         
      Request for a preliminary ruling from the Cour d’appel de Bruxelles (Belgium) lodged on 3 March 2020 — bpost SA v Autorité belge de la concurrence
      (Case C-117/20)
      (2020/C 161/54)
      Language of the case: French
      
         Referring court
      
      Cour d’appel de Bruxelles
      
         Parties to the main proceedings
      
      
         Applicant: bpost SA
      
         Defendant: Autorité belge de la concurrence
      
         Intervening parties: Publimail SA, European Commission
      
         Questions referred
      
      
                  1.
               
               
                  Must the principle non bis in idem, as guaranteed by Article 50 of the Charter, be interpreted as not precluding the competent administrative authority of a Member State from imposing a fine for infringing EU competition law, in a situation such as that of the present case, where the same legal person has already been finally acquitted of an offence for which an administrative fine had been imposed on it by the national postal regulator for an alleged infringement of postal legislation, on the basis of the same or similar facts, in so far as the criterion that the legal interest protected must be the same is not satisfied because the case at issue relates to two different infringements of different legislation applicable in two separate fields of law?
               
            
                  2.
               
               
                  Must the principle non bis in idem, as guaranteed by Article 50 of the Charter, be interpreted as not precluding the competent administrative authority of a Member State from imposing a fine for infringing EU competition law, in a situation such as that of the present case, where the same legal person has already been finally acquitted of an offence for which an administrative fine had been imposed on it by the national postal regulator for an alleged infringement of postal legislation, on the basis of the same or similar facts, on the grounds that a limitation of the principle non bis in idem is justified by the fact that competition legislation pursues a complementary general interest objective, that is to say, protecting and maintaining a system of undistorted competition within the internal market, and does not go beyond what is appropriate and necessary in order to achieve the objective that such legislation legitimately pursues, and/or in order to protect the right and freedom to conduct business of those other operators under Article 16 of the Charter?