Judgment_paragraph 89 · Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

89Third, it must be recalled that upon arriving at the premises of the undertaking, the Commission must allow the undertaking a reasonable, but brief, period of time to examine the inspection decision, with the assistance of its lawyers. As regards the applicants’ argument that the infringement of its fundamental rights occurred when the officials of the Commission entered the undertaking, the Court shares the opinion of the Commission that under no circumstances did the inspection begin before notification of the decision and that the mere act of entering the undertaking for the purpose of that notification does not constitute an infringement of fundamental rights. During the inspection, the Commission must also allow the undertaking a brief period of time to consult its lawyers before taking copies, affixing seals or requesting oral explanations.

Deutsche Bahn AG and Others v European Commission (T-289/11, T-290/11, T-521/11)

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