Powered by Lexis+® UK
Jurisdiction(s):
United Kingdom

CJEU AG: Charter Article 7 permits NCA seizure of business emails in 101/102 TFEU inspections without prior judicial authorisation, with safeguards; higher national standards may apply

Practice notes
imgtext

CASE HUB

See further, timeline.

Case facts

Outline A preliminary reference from Portugal asks whether, among other points, Article 7 of the Charter of Fundamental Rights of the EU bars the seizure of corporate records generated by e‑mail exchanges between managers and staff of undertakings during an inquiry under Article 101 TFEU. The question concerns materials created by workplace correspondence and their treatment during competition enquiries at EU level.

Latest developments

On 20 June 2024, Advocate General Medina delivered an opinion advising that Article 7 of the Charter of Fundamental Rights of the European Union does not bar national rules under which, during an inspection at an undertaking’s premises as part of a probe into a breach of Article 101 or 102 TFEU, the national competition authority may look for and take emails whose content concerns the scope of the inspection without prior judicial authorisation, provided that the authority’s powers are set within a strict legal framework and accompanied by adequate and effective guarantees against abuse and arbitrariness, in particular a comprehensive ex post facto judicial review of the measures...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow