CJEU Case C-10/18 P / Judgment

Mowi ASA v European Commission

Policy area

Competition

Deciding body type

Court of Justice of the European Union

Deciding body

Court (Fourth Chamber)

Type

Decision

Decision date

04/03/2020

ECLI (European case law identifier)

ECLI:EU:C:2020:149

CJEU Case C-10/18 P / Judgment
Key facts of the case:

Appeal — Competition — Control of concentrations between undertakings — Regulation (EC) No 139/2004 — Article 4(1) — Prior notification obligation for concentrations — Article 7(1) — Standstill obligation — Article 7(2) — Exemption — Concept of a ‘single concentration’ — Article 14(2) — Decision imposing fines for the implementation of a concentration before it has been notified and authorised — Principle ne bis in idem — Set‑off principle — Concurrent offences.

Outcome of the case:

On those grounds, the Court (Fourth Chamber) hereby:

Dismisses the appeal;

Orders Mowi ASA to pay the costs.
Paragraphs referring to EU Charter

77) That interpretation of the principle ne bis in idem is supported by the wording of Article 50 of the Charter of Fundamental Rights of the European Union and the rationale of that principle, that article thus specifically targeting the repetition of proceedings concerning the same material act which have been concluded by a final decision (see, to that effect, judgment of 3 April 2019, Powszechny Zakład Ubezpieczeń na Życie, C‑617/17, EU:C:2019:283, paragraphs 30 and 32).

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