Galp Energía España: The General Court’s failed attempt at enlarging its unlimited jurisdiction

A recent judgment in the Spanish bitumen cartel, Galp Energía España, has shed some light on the intensity of the EU Courts’ legality review under Article 263 of the Treaty on the Functioning of the European Union (“TFEU“) in competition cases, and on the scope of the EU Courts’ unlimited jurisdiction with regard to reviewing the amount of the fine under Article 261 TFEU. This brings back the age-old debate on whether the system of EU public enforcement complies with the fundamental right to a fair trial and where, in particular, the EU Courts have been criticised for conducting a limited judicial review of Commission decisions imposing severe fines on undertakings for infringements of competition law.

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