Judgment_paragraph 125 · Les Mousquetaires and ITM Entreprises SAS v European Commission (C-682/20 P)

125Thus, the principle of the unfettered assessment of evidence cannot be relied on in order to avoid the procedural rules applicable to the recording of statements obtained by the Commission under Article 19 of Regulation No 1/2003. In that regard, it should be noted that the finding of an irregularity in the collection of indicia, in the light of Article 19 of Regulation No 1/2003, read in conjunction with Article 3(3) of Regulation No 773/2004, lies in the fact that the Commission may not use those indicia in the subsequent stages of the procedure (see, by analogy, judgment of 18 June 2015, Deutsche Bahn and Others v Commission, C‑583/13 P, EU:C:2015:404, paragraph 45 and the case-law cited).

Les Mousquetaires and ITM Entreprises SAS v European Commission (C-682/20 P)

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