ECJ Upholds E.ON’s Fine For Breach Of Seal During Dawn Raid

On 22 November 2012, the Court of Justice of the European Union ("ECJ") dismissed an appeal by E.ON Energie AG ("E.ON") against a ruling of the EU General Court ("GC") which had itself confirmed an earlier European Commission decision imposing a €38 million fine on E.ON for breach of seal during a dawn raid.

In May 2006, the Commission, suspecting possible anti-competitive behaviour on the German electricity market, had carried out unannounced inspections at E.ON's Munich offices. In accordance with the provisions of Article 20(2)(d) of Regulation 1/2003 - which empowers Commission officials to seal any business premises and books or records for the period to the extent necessary for an inspection - certain documents destined to be examined in more detail were stored overnight in a room with a Commission seal affixed to it. When a seal is removed from a surface to which it has been affixed, an irreversible "VOID" sign appears and remains visible on the surface from