Jurisdiction(s):
United Kingdom

Key definition

Commission definition

What does Commission mean? In legal practice, a commission is a payment, usually percentage‑based, made to an agent, broker or introducer for securing business or facilitating a transaction. Under UK bribery law, the Bribery Act 2010 (England & Wales, Scotland and Northern Ireland) does not define commission, but criminalises offering, promising, giving, requesting or receiving a financial or other advantage to induce or reward improper performance. A commission may constitute such an advantage depending on intent, knowledge and context; not every commission is a bribe. Transparent, proportionate, contractual commissions for genuine services are generally lawful, whereas concealed or disproportionate payments, particularly to public...

CJEU confirms no prior judicial authorisation for EU dawn raids; annuls Deutsche Bahn follow-on inspections; ‘chance discovery’ exception narrowly construed (Case C‑583/13 P)

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Practice notes

CASE HUB (date of judgment—18/06/2015)

See further: timeline, commentary and related/relevant cases

ARCHIVED — this archived case hub reflects the position at the date of the decision of 18 June 2015; it is no longer maintained.

Case facts Outline

An appeal was brought by Deutsche Bahn alongside several group subsidiaries challenging the General Court judgment that had upheld the commission’s decision of 14 March 2011 authorising dawn raids at Deutsche Bahn premises on 29 March 2011, and later decisions sanctioning additional inspections, after allegations that Deutsche Bahn (and its subsidiaries) had abused a dominant position. On 18 June 2015, the Court of Justice set aside the General Court’s ruling to the extent that it rejected Deutsche Bahn’s plea alleging a violation of the rights of defence in light of irregularities tainting the conduct of the first inspection, and it annulled the contested Commission decisions. The case addresses the reach of the Commission’s investigative powers when ordering and executing unannounced inspections, together with the rights of undertakings subject to such investigations...

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