Nathalie Jalabert-Doury, partner, discusses in an article entitled "Is it conceivable in 2022 that companies still do not enjoy effective judicial review of the way Commission inspections are implemented?” extracted from Professor Emeritus Laurence Idot’s Liber Amicorum, a serious legality issue under EC Regulation n°1/2003, the insufficiency of remedies available, and the potential evolution arising from Court judgments in other fields.
Inspections ordered by the European Commission by decision are mandatory for companies concerned, subject to penalties and even the implementation of a dawn raid under the control of French police officers. However, the decision to carry out an inspection is not subject to any prior judicial review, and the available ex post judicial review of the measures taken on the basis of the inspection decision cannot be considered compliant with the European Convention of Human Rights. The European Court of Justice has already taken several steps to improve the situation, but these improvements remain partial and insufficient. This article advocates a real step forward in this area in order to ensure consistency of the European Court of Justice's case law with that of the European Court of Human Rights.