Requirement of the Application of the Fundamental Rights During the On-the-spot Examination of the Commission

Abstract

Article 51 of the Charter of Fundamental Rights of the European Union lays down that the institutions and bodies of the European Union shall “respect the rights, observe the principles and promote the application thereof”. Competition proceedings have their own special characteristic, but such procedures also have to be consistent with the protection of the fundamental rights. This article demonstrates through some cases of the Court of Justice of the European Union that adequate and effective remedies ensure that competition proceedings are conducted with full respect of the fundamental rights.