30.11.2020

Official Journal of the European Union

C 414/30

(Case T-249/17) (*)

(Competition - Agreements, decisions and concerted practices - Administrative procedure - Decision ordering an inspection - Plea of illegality against Article 20 of Regulation (EC) No 1/2003 - Right to an effective remedy - Equality of arms - Obligation to state reasons - Right to inviolability of the home - Sufficiently strong evidence - Proportionality)

(2020/C 414/49)

Language of the case: French

Parties

Applicants: Casino, Guichard-Perrachon (Saint-Étienne, France) and Achats Marchandises Casino SAS (AMC), formerly EMC Distribution (Vitry-sur-Seine, France) (represented by: D. Théophile, I. Simic, O. de Juvigny, T. Reymond, A. Sunderland and G. Aubron, lawyers)

Defendant: European Commission (represented by: B. Mongin, A. Dawes and I. Rogalski, acting as Agents, and by F. Ninane, lawyer)

Intervener in support of the defendant: Council of the European Union (represented by: S. Boelaert, S. Petrova and O. Segnana, acting as Agents)

Re:

Application based on Article 263 TFEU, seeking annulment of Commission Decision C(2017) 1054 (final) of 9 February 2017 ordering Casino, Guichard-Perrachon and all the 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).

Operative part of the judgment

The Court:

1.Annuls Article 1(b) of Commission Decision C(2017) 1054 (final) of 9 February 2017 ordering Casino, Guichard-Perrachon and all the 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);

2.Dismisses the remainder of the action;

3.Orders Casino, Guichard-Perrachon and Achats Marchandises Casino SAS (AMC), the European Commission and the Council of the European Union each to bear their own costs.

(*)

Language of the case: French

(1) OJ C 221, 10.7.2017.