Case C- 428/14 DHL Express and DHL Global Forwarding (national and Commission leniency applications) [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Case C- 428/14 DHL Express and DHL Global Forwarding (national and Commission leniency applications) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

Case C- 428/14 DHL Express and DHL Global Forwarding (national and Commission leniency applications) [Archived]

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the decision of 20 January 2016; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

OutlineNational reference from the Italian Consiglio di Stato to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify the proper approach to handling leniency applications where an applicant lodges applications with both a national competition authority (NCA) and the European Commission—confirming (amongst other things) whether, on a proper interpretation of Article 101 TFEU, Article 4(3) TEU and Article 11 of Regulation No 1/2003, it follows that it is not possible for an NCA to deviate from the instruments defined and adopted by the European Competition Network (ECN) and, in particular, from the ECN's Model Leniency Programme without running counter to the findings of the Court of Justice in Pfleiderer.

On 20 January 2016, the Court of Justice ruled that instruments adopted in the context of the ECN (including the Model Leniency Programme) are not binding on NCAs—irrespective of the judicial or administrative nature of those authorities. In short, the respective leniency programmes of the EU and the Member States 'coexist autonomously', reflecting the parallel jurisdictions of the Commission

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