Judgment_paragraph 128 · Scania AB and Others v European Commission (T-799/17)

128However, an admission of guilt by the parties to the cartel who participated in the settlement procedure is a factor capable of having an impact on the facts relating to the participation of ‘another undertaking’ suspected of having been a party to the same cartel, in this case Scania (see, to that effect, judgment of 28 March 2019, Pometon v Commission, T‑433/16, EU:T:2019:201, paragraph 92; see, to that effect and by analogy, ECtHR, 23 February 2016, Navalnyy and Ofitserov v. Russia, CE:ECHR:2016:0223JUD004663213, § 103). Consequently, the Commission must ensure that the facts admitted by the settling parties are not accepted in respect of a party that has not taken part in that procedure, such as Scania, without a full and proper examination during the standard procedure in the light of the arguments and evidence submitted by Scania (see, to that effect and by analogy, ECtHR, 23 February 2016, Navalnyy and Ofitserov v. Russia, CE:ECHR:2016:0223JUD004663213, §§ 103 to 105, and 31 October 2017, Bauras v. Lithuania, CE:ECHR:2017:1031JUD005679513, § 53).

Scania AB and Others v European Commission (T-799/17)

Key facts

History · 1 version

Connections