Judgment_paragraph 199 · Qualcomm, Inc. v European Commission (T-235/18)

199In that regard, suffice it to note that, while it is indeed permissible to preclude from the administrative procedure evidence which has no relation to the allegations of fact and of law in the statement of objections and which therefore has no relevance to the investigation, it cannot be for the Commission alone to determine the evidence of use in the defence of the undertaking concerned (judgments of 7 January 2004, Aalborg Portland and Others v Commission, C‑204/00 P, C‑205/00 P, C‑211/00 P, C‑213/00 P, C‑217/00 P and C‑219/00 P, EU:C:2004:6, paragraph 126, and of 16 June 2011, FMC Foret v Commission, T‑191/06, EU:T:2011:277, paragraph 306). From that point of view, it must be observed that the record of interviews conducted for the purposes of collecting information on the subject matter of the investigation, which therefore falls within the scope of Article 19 of Regulation No 1/2003, such as the interviews in question, cannot be omitted from the case file.

Qualcomm, Inc. v European Commission (T-235/18)

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