32The Úřad pro ochranu hospodářské soutěže appealed on a point of law against the judgment of the Krajský soud v Brně before the Nejvyšší správní soud (Supreme Administrative Court). It considers that it still has the power to prosecute the applicants in the main proceedings by reason of their conduct prior to the date of accession of the Czech Republic to the Union, since, until that date, the Commission was not able to prosecute any of the infringements concerning that State. According to that authority, the fact of penalising a cartel of worldwide scope in the context of different competences does not constitute an infringement of the ne bis in idem principle. The said authority argues that the Commission and itself have examined territorially different consequences of that cartel. Moreover, the case-law of the Court of Justice, arising from the judgment in Case 14/68 Wilhelm and Others [1969] ECR 1, authorises the parallel application of Union and national competition law.
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