Is The Sanctioning Decision Sufficient To Access Sources Of Evidence?

Last June 12, the opinion of Advocate General MaciejSzpunar was published in Case C-286/24 (Meliá Hotels International, S. A. v. Associação Ius Omnibus), which address relevant questions on access to sources of evidence and the relationship between administrative decisions finding infringements of competition law and the viability of civil actions for damages based on such decisions.

The genesis of the preliminary ruling question is in the context of a declaratory action brought by Ius Omnibus, a Portuguese consumer protection association, against Meliá Hotels International, S.A. ("Meliá") based on the decision adopted by the European Commission on February 21, 2020 in Case AT.40528 - (Meliá (Holiday Pricing)), which found that Meliá had infringed Article 101 TFEU and Article 53 of the Agreement on the European Economic Area by contractually applying vertical practices that differentiated consumers on the basis of their nationality or country of residence.