<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The <italic>Sped-Pro</italic> judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the Polish state-owned railway company PKP Cargo. In this judgment, the General Court for the first time established a direct link between systematic deficiencies in the legal order of a Member State and the ability of its competition authority to investigate and take enforcement action under EU law. The General Court addressed issues of the rule of law as an element of effective competition law enforcement and the case allocation principles between the Commission and National Competition Authorities (NCAs) under the decentralised enforcement system of Regulation 1/2003. The General Court now requires the Commission to examine, when handling complaints, whether an NCA can actually enforce EU law effectively.</p>
</abstract>

The Sped-Pro judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the Polish state-owned railway company PKP Cargo. In this judgment, the General Court for the first time established a direct link between systematic deficiencies in the legal order of a Member State and the ability of its competition authority to investigate and take enforcement action under EU law. The General Court addressed issues of the rule of law as an element of effective competition law enforcement and the case allocation principles between the Commission and National Competition Authorities (NCAs) under the decentralised enforcement system of Regulation 1/2003. The General Court now requires the Commission to examine, when handling complaints, whether an NCA can actually enforce EU law effectively.

<italic>Sped-Pro</italic>: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

The Sped-Pro judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the...

Sped-Pro: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Pubblicato online: 12 dic 2023

Pagine: 131 - 144

Ricevuto: 31 mar 2023

Accettato: 08 set 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.08

Parole chiave
case allocation, decentralised enforcement, independence, mutual trust, rule of law

© 2023 Kati Cseres et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Sped-Pro: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Pubblicato online: 12 dic 2023

Pagine: 131 - 144

Ricevuto: 31 mar 2023

Accettato: 08 set 2023

DOI: https://doi.org/10.15290/bsp.2023.28.04.08

Parole chiavecase allocation, decentralised enforcement, independence, mutual trust, rule of law

© 2023 Kati Cseres et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Parole chiave
case allocation, decentralised enforcement, independence, mutual trust, rule of law