Tagged: C-40/12P Gascogne Germany

The recent landmark cases on the reasonable time requirement: Is the Court caught between Scylla and Charybdis?

In the landmark cases Kendrion, Gascogne and Gascogne Germany  the CJEU clarified some important procedural issues related to infringements of the reasonable time requirement. The most important legal question that the CJEU tackled is what is the appropriate remedy for infringements of the right to have the case adjudicated within a reasonable time. The CJEU had two options: the first one was to follow the Baustahlgewebe judgment in which the CJEU had concluded that the proceedings were excessively lengthy and subsequently reduced the fine the Commission had imposed upon the undertakings. The second was to follow the Der Grüne Punkt judgment where the CJEU also concluded that there had been an infringement, but required instead a separate action for damages to be lodged before the General Court. Following this path would, however, mean that the General Court itself would have to assess whether, and to what extent, the parties suffered any harm due to the  excessive length of proceedings. In the present cases, the CJEU has opted for the second solution.

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