Court proceedings relating to fines for violation of Article 101 TFEU and access to the file by third parties relating to national legislation (cartel)
2013
Abstract
European Union law, in particular the principle of effectivness, precludes a provision of national law under which access to documents forming part of the file relating to natioanl proceedings concerning the application of Article 101 TFEU, including access to documents made available under a leniency programme, by third parties who are not party to those proceedings with a view to bringing an agreement or concerted practise is made subject solely to the consent of all the parties to those proceedings, without leaving any possibility fro the national courts of weighing up the interests involved.