Volkswagen Group Italia SpA and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato (C-27/22)

Judgment of 14 Sept 2023

law://eu/cjeu/2022/c-27-22/para_36@2026-11-14

36As regards, first, the interpretation of Article 50 of the Charter, it should be noted that the scope of that charter, in so far as the action of the Member States is concerned, is defined in Article 51(1) thereof, according to which the provisions of the Charter are addressed to the Member States only when they are implementing EU law. That provision confirms the Court’s settled case-law, which states that the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by EU law, but not outside such situations (judgment of 23 March 2023, Dual Prod, C‑412/21, EU:C:2023:234, paragraph 22 and the case-law cited). Where, on the other hand, a legal situation does not come within the scope of EU law, the Court does not have jurisdiction to rule on it and any provisions of the Charter relied upon cannot, of themselves, form the basis for such jurisdiction (judgment of 26 February 2013, Åkerberg Fransson, C‑617/10, EU:C:2013:105, paragraph 22).

Volkswagen Group Italia SpA and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato (C-27/22)

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