Judgment_paragraph 51 · bpost SA v Autorité belge de la concurrence (C-117/20)

51With regard to the strict necessity of such duplication of proceedings and penalties, it is necessary to assess whether there are clear and precise rules making it possible to predict which acts or omissions are liable to be subject to a duplication of proceedings and penalties, and also to predict that there will be coordination between the different authorities, whether the two sets of proceedings have been conducted in a manner that is sufficiently coordinated and within a proximate timeframe and whether any penalty that may have been imposed in the proceedings that were first in time was taken into account in the assessment of the second penalty, meaning that the resulting burden, for the persons concerned, of such duplication is limited to what is strictly necessary and the overall penalties imposed correspond to the seriousness of the offences committed (see, to that effect, judgment of 20 March 2018, Menci, C‑524/15, EU:C:2018:197, paragraphs 49, 52, 53, 55 and 58, and ECtHR, 15 November 2016, A and B v. Norway, CE:ECHR:2016:1115JUD002413011, § 130 to 132).

bpost SA v Autorité belge de la concurrence (C-117/20)

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