General Court—appeals

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This Overview guides practitioners to content on appeals to the General Court against European Commission competition decisions, with links to primary materials and analysis. Appeals under Article 263 TFEU are the principal means to challenge infringement findings, commitments and merger control outcomes, with the Court exercising full review of legality and, for fines and periodic penalty payments, unlimited jurisdiction (Article 261 TFEU; Article 31 of Regulation 1/2003).

Key issues include admissibility and standing (particularly for non - addressees), the two‑month time limit, and formulation of pleas in law. Practitioners should understand the standards of judicial review applied to complex economic assessments, the burden and standard of proof, rights of defence (including access to file and privilege), and proportionality. The Court scrutinises the Commission’s statement of reasons and factual assessment while respecting its margin of discretion in matters.

The Overview also covers interim relief (suspension of operation and protective measures under Article 278 TFEU), confidentiality management, and interventions by Member States and others. It addresses evidential strategy, including use of economic and internal documents, expert reports and confidentiality arrangements. Remedies encompass annulment (in whole or part) and variation of fines; unsuccessful...

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