Judgment_paragraph 41 · Commission of the European Communities v SGL Carbon AG (C-301/04)

41So far as concerns the question whether that obligation also applies to requests for information which could be used to establish, against the undertaking which provides the information, an infringement of the competition rules, the Court held, in paragraph 34 of that judgment that in order to ensure the effectiveness of Article 11(2) and (5) of Regulation No 17 the Commission is entitled to compel an undertaking, if necessary by adopting a decision, to provide all necessary information concerning such facts as may be known to it and to disclose to it, if necessary, such documents relating thereto as are in that undertaking's possession, even if the latter may be used to establish, against it or another undertaking, the existence of anti-competitive conduct.