Types of opinions in Cooperation

What kind of opinion?

The kind of opinion which the Commission may be called upon to provide is spelt out in paras. 27 to 30 of the Notice: “When giving its opinion, the Commission will limit itself to providing the national court with the factual information or the economic or legal clarification asked for, without considering the merits of the case pending before the national court. Moreover, unlike the authoritative interpretation of Community law by the Community courts, the opinion of the Commission does not legally bind the national court.”

More about Types of opinions in Cooperation

Where guidance in the case-law of the EU courts or in Commission regulations, decisions, notices and guidelines applying Articles 101 and 102 TFEU would offer sufficient guidance to the national court, it should be reflected whether the opinion given could focus on a reference to the relevant pieces of EU law and an explanation thereof.

More about the Subject

Where the request raises novel issues, the opinion may also suggest to the national court to have recourse to a preliminary ruling to the ECJ pursuant to Article 267 TFEU.

Other Considerations

The opinion should be written in the language of the request.

Resources

See Also

References

• Information about Types of opinions in Cooperation in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Types of opinions in Cooperation in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)