||All England Reporter
|| All ER (D) 313 (Oct)
||Court of Justice of the European Communities
Judges Rodríguez Iglesias (President), Puissochet, Wathelet and Schintgen (Presidents of Chambers), Gulmann, Edward, La Pergola (Rapporteur), Jann, Skouris, Macken, Colneric, von Bahr and Cunha Rodrigues
||22 October 2002
European Communities - Competition - Application of rules of competition - Assistance by member states during investigations - Entitlement of domestic courts to reject applications for entry to premises and seizure of documents - Council Regulation (EEC) 17, art 14.
Where the Commission of the European Communities requested assistance from a member state in its investigation into infringements of competition rules, a national court, in considering an application for entry to premises and seizure of documents, had to verify that the coercive measures sought were not arbitrary or disproportionate to the subject-matter of the investigation. The Commission had to ensure that the national court had at its disposal all the information which it needed to carry out any review required by the constitution of the member state. In the absence of such information, the national court could only reject the application if it had requested clarification from the Commission and that clarification had been considered, or where the Commission had taken no steps to provide the clarification sought.
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