Jurisdiction(s):
United Kingdom

Key definition

Inspection definition

What does Inspection mean? In litigation, inspection is the step after disclosure or discovery that lets the opposing party see and take copies of documents that have been disclosed. It covers hard‑copy and electronic documents (including ESI) and is usually satisfied by providing copies or access within a reasonable time and, where appropriate, in a usable electronic format. The right to inspect is subject to recognised exemptions, including legal professional privilege (advice and litigation privilege), without‑prejudice material, public interest immunity, confidentiality (often managed by redaction or confidentiality rings), irrelevance and proportionality. A party withholding inspection must state the grounds; unjustified refusal risks court orders,...

Deutsche Bahn dawn raids: EU General Court confirms Commission's broad inspection powers and safeguards under Regulation 1/2003; 'fishing expedition' and illegality of subsequent raids arguments dismissed

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Practice notes

CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the judgment of 6 September 2013; it is no longer maintained. See further: timeline, commentary and related/relevant cases

Case facts ARCHIVE—06/09/2013

Outline

Appeals to the General Court were lodged by Deutsche Bahn and various group companies contesting the Commission’s decision of 14 March 2011, which authorised surprise inspections at Deutsche Bahn sites on 29 March 2011, together with later decisions permitting further searches. On 6 September 2013, the General Court rejected the actions in full. The dispute centres on the breadth of the Commission’s investigatory powers when ordering and conducting unannounced inspections, and on the procedural protections afforded to undertakings under scrutiny.

Parties

Applicants: Deutsche Bahn AG (Deutsche Bahn) and several subsidiaries
Defendant: European Commission

Deutsche Bahn is a global undertaking based in Germany, operating in domestic and international freight and passenger transport, in logistics, and in the supply of ancillary services for rail transport. The subsidiaries implicated in these proceedings are wholly owned, whether directly or through intermediate holdings, by Deutsche Bahn...

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