Observations in Cooperation

Observations on what?

The Commission will only submit observations when the coherent application of Articles 101 or 102 TFEU so requires (see Court of Justice, Case C-429/07, Inspecteur van de Belastingdienst). The decision to submit observations should always be made with regard to the purpose of Article 15(3): the coherent application of Articles 101 or 102 TFEU. The Notice states in this respect: “The regulation specifies that the Commission will only submit observations when the coherent application of Articles [101] or [102] EC so requires. That being the objective of its submission, the Commission will limit its observations to an economic and legal analysis of the facts underlying the case pending before the national court.” Inter alia because also NCAs can submit observations to national courts, submissions by the Commission are more likely to be appropriate before last instance courts in the Member States.

More about Observations 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 Observations in Cooperation in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

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