Judgment_paragraph 62 · Dalmine SpA v Commission of the European Communities (C-407/04 P)

62As regards, next, the admissibility of those minutes as evidence, it must be held, as the Court of First Instance held at paragraph 86 of the judgment under appeal, that the lawfulness of the transmission to the Commission by a national prosecutor or the authorities competent in competition matters of information obtained in application of national criminal law is a question governed by national law. Furthermore, as the Court of First Instance observed at the same paragraph, the Community judicature has no jurisdiction to rule on the lawfulness, as a matter of national law, of a measure adopted by a national authority (Case C-97/91 Oleificio Borelli v Commission [1992] ECR I-6313, paragraph 9).