Documents
Europa English Court of Justice of the European Union CJEU
28.11.2019
Judgment (Information)
ABB v Commission
Judgment of the Court (Seventh Chamber) of 28 November 2019 — ABB v Commission(Case C‑593/18 P) (1)(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Burden of proof — Presumption of innocence — Principle of equal treatment)1. Appeal — Pleas in law/Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessmen...
Judgment of the Court (Seventh Chamber) of 28 November 2019 — ABB v Commission(Case C‑593/18 P) (1)(Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Burden of proof — Presumption of innocence — Principle of equal treatment)1. Appeal — Pleas in law/Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted — Failure to observe the rules of evidence — Question of law amenable to judicial review on appeal(Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.)(see paras 28, 31, 37, 73-75)2. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Plea based on matters which have come to light in the course of the procedure — Absence/Lack/None (or combine with previous headwords) — Plea raised for the first time at the hearing — Inadmissibility(Rules of Procedure of the Court of Justice, Art. 127(1))(see para. 33)3. Competition — Administrative procedure — Commission decision finding an infringement — Burden of proving the infringement and its duration on the Commission — Extent of the burden of proof — Single and continuous infringement — Judicial review — Misapplication of evidentiary requirements by the General...
Errors and omissions excepted. As of: 28.11.2019