Farnoux, Étienne
Restrictive competition practices: The Court of Justice excludes public enforcement from the scope of the Brussels I bis Regulation
- 2024.
6
Article 1(1) of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of December 12, 2012, concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, must be interpreted as meaning that the concept of “civil and commercial matters,” in this provision does not include an action brought by a public authority of a Member State against companies established in another Member State for the purpose of recognizing, sanctioning, and halting restrictive competition practices toward suppliers established in the first Member State, where the public authority exercises judicial powers or investigative powers that are exceptional compared to the rules of ordinary law applicable in relationships between private individuals.