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Case C-163/21: Judgment of the Court (Second Chamber) of 10 November 2022 (request for a preliminary ruling from the Juzgado de lo Mercantil n° 7 de Barcelona — Spain) — AD and Others v PACCAR Inc, DAF TRUCKS NV, DAF Trucks Deutschland GmbH (Reference for a preliminary ruling — Competition — Compensation for harm caused by a practice prohibited under Article 101(1) TFEU — Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) — Directive 2014/104/EU — Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Article 22(2) — Applicability ratione temporis — First subparagraph of Article 5(1) — Concept of relevant evidence which lies in the control of the defendant or a third party — Article 5(2) — Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts — Article 5(3) — Review of the proportionality of the request to disclose evidence — Balancing the legitimate interests of the parties and third parties — Scope of the obligations resulting from those provisions)
ECLI:EU:UNKNOWN:62021CA0163
62021CA0163
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9.1.2023
Official Journal of the European Union
C 7/5
(Case C-163/21) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Competition - Compensation for harm caused by a practice prohibited under Article 101(1) TFEU - Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) - Directive 2014/104/EU - Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union - Article 22(2) - Applicability ratione temporis - First subparagraph of Article 5(1) - Concept of relevant evidence which lies in the control of the defendant or a third party - Article 5(2) - Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts - Article 5(3) - Review of the proportionality of the request to disclose evidence - Balancing the legitimate interests of the parties and third parties - Scope of the obligations resulting from those provisions)
(2023/C 7/06)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicants: AD and Others
Defendants: PACCAR Inc, DAF TRUCKS NV, DAF Trucks Deutschland GmbH
Operative part of the judgment
The first subparagraph of Article 5(1) of Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union
must be interpreted as meaning that the reference therein to the disclosure of relevant evidence in the control of the defendant or a third party also covers those documents which the party to whom the request to disclose evidence is addressed must create ex novo by compiling or classifying information, knowledge or data in its possession, subject to strict compliance with Article 5(2) and (3) of that directive, which requires the national courts seised to restrict the disclosure of evidence to that which is relevant, proportionate and necessary, taking into account the legitimate interests and fundamental rights of that party.
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(<span class="oj-super">1</span>) OJ C 252, 28.6.2021.