Where damages are claimed for an infringement of a provision of this Part or of Article 101 or Article 102 of the Treaty on the Functioning of the European Union or for an infringement of Article 5, 6 or 7 of Regulation (EU) 2022/1925, the court shall be bound by the European Commission's final designation decision pursuant to Article 3 of Regulation (EU) 2022/1925 and by a finding that an infringement has occurred, as made in a final decision by the competition authority, the European Commission, or the competition authority – or a court acting as such – in another Member State of the European Union. The same shall apply to such findings in final court judgements on appeals against decisions pursuant to sentence 1. This obligation shall apply without prejudice to the rights and obligations under Article 267 of the Treaty on the Functioning of the European Union.
Home› Competition & Unfair Trade Practices› GWB (EN)
Part 1 · Restraints of Competition › Division 2 · Damages and Disgorgement of Benefits › Section 33b
Binding Effect of Decisions Issued by a Competition Authority
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