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… by FLS Plast, it should be pointed out that, under the second paragraph of that provision, ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… Findings of the Court 130 As is apparent from the first paragraph of Article 58 of the Statute of the Court of Justice and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, inter alia, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission EU:C:2009:456, paragraph 176). 131 So far as concerns infringement of of the , pleaded …

… As the Court has repeatedly held, that relates to the principle of effective judicial protection (see, inter alia, Der Grüne Punkt - Duales System Deutschland v Commission EU:C:2009:456, paragraph 179 and the case-law cited). 132 On that basis, such a right, which was affirmed as a general principle of European Union law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see inter alia, to this effect, Der Grüne Punkt …

… JUDGMENT OF THE GENERAL COURT (Seventh Chamber, Extended Composition) 12 June 2014 (*) (1) (Competition - Abuse of dominant position - Microprocessors market - Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement - Loyalty rebates - ‘Naked’ restrictions - Classification as abuse - As-efficient-competitor analysis - Commission’s international jurisdiction - Obligation on the Commission to investigate - Limits - Rights of the defence - Principle of sound administration …

… of the , entitled ‘Right to an effective remedy and to a fair trial’, provides as follows: ‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this . Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …

… To my mind, the same is true of Article 6 of the and 5 ECHR. (5) The legal context European Union law The 4. Under 6 of the , ‘everyone has the right to liberty and security of person’. 5. …

… by FLSmidth, it should be pointed out that, under the second paragraph of that provision, ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… Findings of the Court 111 As is apparent from the first paragraph of Article 58 of the Statute of the Court of Justice and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, inter alia, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission EU:C:2009:456, paragraph 176). 112 So far as concerns infringement of of the , pleaded …

… As the Court has repeatedly held, that relates to the principle of effective judicial protection (see, inter alia, Der Grüne Punkt - Duales System Deutschland v Commission EU:C:2009:456, paragraph 179 and the case-law cited). 113 On that basis, such a right, which was affirmed as a general principle of European Union law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, inter alia, Der Grüne Punkt - Duales System …

… First of all, it is necessary to bear in mind the second paragraph of of the , which provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, ‘that relates to the principle of effective judicial protection’. (69) On that basis, such a right, which was affirmed as a general principle of EU law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision. (70) 109. …

… of the is entitled ‘Right to an effective remedy and to a fair trial’. It provides inter alia: ‘Everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law. …’ 48 of the Charter guarantees the presumption of innocence and the rights of the defence. (6) 5. …

… 6(1) ECHR provides that everyone is entitled to a fair and public hearing within a reasonable time by an and tribunal. Fundamental rights 3. 41 of the of Fundamental Rights of the European Union (5) guarantees that every person has the right to have his affairs handled , fairly and within a reasonable time by the institutions, bodies and agencies of the Union. 4. …

… 81 EC, as organised by Regulation No 1/2003, constitutes a breach of the right to an and tribunal, which is an essential guarantee of the right to a fair hearing laid down in 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), and also in (2) of the of Fundamental Rights of the European Union. 59 Saint-Gobain claims, first of all, that the penalties imposed by the Commission …

… The right to an and tribunal therefore applies without restriction in the present case. 60 In Saint-Gobain’s submission, it follows from the case-law that the Commission cannot be described as an independent and impartial tribunal. 61 The ensuing invalidity of Regulation No 1/2003 is not contradicted by the fact that the addressee of a decision imposing a penalty adopted by the Commission under that regulation has the option to bring an action for annulment of that decision …

… in that context are criminal in nature, not only because the prohibition in 81 EC is addressed to every undertaking and not to a specific category of undertakings, but also on account of the deterrent and punitive objective of such penalties. …

… Such a plea cannot therefore be fully effective in an administrative appeal procedure. 41 In the third, and last place, the Tribunal recalls that the principle of effective judicial protection is a general principle of EU law to which expression is now given in the second paragraph of of the , which provides that ‘[e]veryone is entitled to a … hearing by an and tribunal … established by law …’. …

… That paragraph corresponds to 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (‘the ECHR’) (judgment of 28 February 2013 in Case C-334/12 RX-II Review Arango Jaramillo and Others v EIB, paragraphs 40 and 42). 42 It is apparent from the case-law of the European Court of Human Rights on the interpretation of Article 6(1) of the ECHR, to which reference must be made in accordance with Article 52(3) of the Charter, …

… of the provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 179 and the case-law cited). 68 On that basis, such a right, which was affirmed as a general principle of EU law before the Charter entered into force, is applicable in the context of proceedings brought against a Commission decision (see, in particular, Der Grüne Punkt - Duales System …

… first paragraph of Article 58 of the Statute of the Court and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 176). 67 As regards the breach of procedure relied on in the present ground, it should be borne in mind that the second paragraph of …

… 6(1) ECHR, the second paragraph of of the , which corresponds to that provision of the ECHR, provides that ‘[e]veryone is entitled to a fair and public hearing within a reasonable time by an and tribunal previously established by law’. …

… As the Court of Justice has held on several occasions, that relates to the principle of effective judicial protection (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 179 and the case-law cited). 76 On that basis, such a right is applicable in the context of proceedings brought against a Commission decision (see, in particular, Der Grüne Punkt - Duales System Deutschland v Commission, paragraph 178 and the case-law cited). 77 Although the appellant …

… of the Statute of the Court and from its case-law, the Court has jurisdiction, in an appeal, to verify whether a breach of procedure adversely affecting the appellant’s interests was committed by the General Court (see, in particular, Case C-385/07 P Der Grüne Punkt - Duales System Deutschland v Commission [2009] ECR I-6155, paragraph 176). 75 As regards the breach of procedure relied on in the present ground, it should be borne in mind that, notwithstanding the fact that the appellant refers to …