Joined Cases T- 289/11, T- 290/11 and T- 521/11 Deutsche Bahn and Others v Commission (dawn raids) [Archived]

The following Competiton guidance note provides comprehensive and up to date legal information covering:

  • Joined Cases T- 289/11, T- 290/11 and T- 521/11 Deutsche Bahn and Others v Commission (dawn raids) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

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ARCHIVED–this archived case hub reflects the position at the date of the judgment of 6 September 2013; it is no longer maintained.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 brought by Deutsche Bahn and several subsidiaries against the Commission’s decision of 14 March 2011 authorising dawn raids at Deutsche Bahn premises on 29 March 2011 and subsequent decisions authorising additional inspections.

On 6 September 2013, the General Court dismissed the applications in their entirety.

The case focuses on the scope of the Commission's powers of investigation when ordering and carrying out unannounced inspections as well as the rights of companies subject to investigation.

Parties Applicants: Deutsche Bahn AG (Deutsche Bahn) and several subsidiaries

Defendant: European Commission

Deutsche Bahn is an international company, headquartered in Germany, that pursues activities in the national and international freight and passenger transport sector, in the logistics sector and in the sector for the provision of ancillary rail transport services. The subsidiaries involved in the present cases are wholly owned directly or indirectly by Deutsche Bahn.

Background On 29 March 2011, the Commission raided Deutsche Bahn’s premises following allegations that DB Energie was favouring the group’s rail-freight arm over other downstream competitors. As a result of the first raid, the Commission gathered evidence which led it to instigate a second and third raid into concerns it had about the 'strategic use' of infrastructure by