{ "attribution": { "source": "legal.exploreworldai.com", "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62023cj0258", "cite_as": "NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62023cj0258)", "license": "https://legal.exploreworldai.com/revision", "version": "legal-2026-10-25", "fingerprint": "ewai:eu:c82ec6", "proof": "sha256:f4f9624b8c704c5b6275f9d2d3682356946687523c2fa342d6d382100e78fec3", "jurisdiction": "eu", "lang": "en", "publisher": "NovaCopilot by ExploreWorld Legal", "terms": "https://legal.exploreworldai.com/om" }, "brand_source": "Source: NovaCopilot", "item": { "schema_version": "1.0.0", "id": "eu:62023cj0258", "jurisdiction": "eu", "lang": "en", "brand_source": "Source: NovaCopilot", "brand": { "product": "NovaCopilot", "platform": "ExploreWorldAI", "infrastructure": "ExploreWorld Legal", "infrastructure_url": "legal.exploreworldai.com", "legal_entity": "Valkiv Ventures AB", "permanent_url": "https://legal.exploreworldai.com/novacopilot", "source": "Source: NovaCopilot", "powered_by": "Powered by NovaCopilot", "license": "https://legal.exploreworldai.com/licensvillkor" }, "sections": [ { "title": "Provisional text", "paragraphs": [] }, { "title": "JUDGMENT OF THE COURT (Grand Chamber)", "paragraphs": [] }, { "title": "16 July 2026 ( * )", "paragraphs": [ "para_4", "para_5", "para_6", "para_7", "para_8", "para_9", "para_10", "para_11", "para_12", "para_13", "para_14", "para_15" ] }, { "title": "SIBS MB S. A. (C‑260/23)", "paragraphs": [ "para_17", "para_18", "para_19", "para_20", "para_21", "para_22", "para_23", "para_24", "para_25", "para_26", "para_27", "para_28", "para_29", "para_30", "para_31", "para_32", "para_33", "para_34", "para_35", "para_36", "para_37" ] }, { "title": "Judgment", "paragraphs": [ "para_39", "para_40" ] }, { "title": "Legal framework", "paragraphs": [] }, { "title": "European Union law", "paragraphs": [] }, { "title": "TFEU", "paragraphs": [] }, { "title": "3         Article 101 TFEU provides:", "paragraphs": [ "para_45", "para_46" ] }, { "title": "(b)      limit or control production, markets, technical development, or investment;", "paragraphs": [] }, { "title": "(c)      share markets or sources of supply;", "paragraphs": [ "para_49", "para_50", "para_51", "para_52" ] }, { "title": "4         Article 102 TFEU provides:", "paragraphs": [ "para_54" ] }, { "title": "Such abuse may, in particular, consist in:", "paragraphs": [ "para_56", "para_57", "para_58", "para_59" ] }, { "title": "The Charter", "paragraphs": [] }, { "title": "5         Article 7 of the Charter states:", "paragraphs": [ "para_62" ] }, { "title": "6         Under Article 8 of the Charter:", "paragraphs": [ "para_64", "para_65", "para_66" ] }, { "title": "Regulation (EC) No 1/2003", "paragraphs": [ "para_68", "para_69", "para_70" ] }, { "title": "9         Article 5 of Regulation No 1/2003 states:", "paragraphs": [ "para_72", "para_73", "para_74", "para_75", "para_76", "para_77", "para_78", "para_79", "para_80", "para_81", "para_82" ] }, { "title": "(c)      to take or obtain in any form copies of or extracts from such books or records;", "paragraphs": [ "para_84", "para_85", "para_86", "para_87", "para_88", "para_89", "para_90", "para_91", "para_92", "para_93", "para_94", "para_95", "para_96" ] }, { "title": "The GDPR", "paragraphs": [ "para_98", "para_99" ] }, { "title": "2.      Paragraph 1 shall not apply if one of the following applies:", "paragraphs": [ "para_101", "para_102", "para_103" ] }, { "title": "Directive (EU) 2019/1", "paragraphs": [ "para_105", "para_106", "para_107", "para_108", "para_109", "para_110", "para_111", "para_112", "para_113", "para_114", "para_115", "para_116", "para_117", "para_118", "para_119", "para_120", "para_121", "para_122", "para_123" ] }, { "title": "Portuguese law", "paragraphs": [ "para_125", "para_126", "para_127", "para_128", "para_129", "para_130", "para_131", "para_132" ] }, { "title": "19       Article 18 of that law states:", "paragraphs": [ "para_134", "para_135", "para_136", "para_137", "para_138", "para_139", "para_140", "para_141", "para_142", "para_143", "para_144", "para_145" ] }, { "title": "The disputes in the main proceedings and the questions referred for a preliminary ruling", "paragraphs": [ "para_147", "para_148", "para_149", "para_150", "para_151", "para_152", "para_153", "para_154", "para_155", "para_156", "para_157", "para_158", "para_159", "para_160", "para_161", "para_162", "para_163" ] }, { "title": "Procedure before the Court", "paragraphs": [ "para_165", "para_166", "para_167", "para_168", "para_169", "para_170" ] }, { "title": "Admissibility", "paragraphs": [ "para_172", "para_173", "para_174", "para_175", "para_176", "para_177", "para_178", "para_179", "para_180", "para_181", "para_182", "para_183", "para_184", "para_185", "para_186", "para_187", "para_188" ] }, { "title": "Substance", "paragraphs": [ "para_190", "para_191" ] }, { "title": "The first question", "paragraphs": [ "para_193", "para_194", "para_195", "para_196", "para_197", "para_198", "para_199", "para_200", "para_201", "para_202", "para_203" ] }, { "title": "The second and third questions", "paragraphs": [ "para_205", "para_206", "para_207", "para_208", "para_209", "para_210", "para_211", "para_212", "para_213", "para_214", "para_215", "para_216", "para_217", "para_218", "para_219", "para_220", "para_221", "para_222", "para_223", "para_224", "para_225", "para_226", "para_227", "para_228", "para_229", "para_230", "para_231", "para_232", "para_233", "para_234", "para_235", "para_236", "para_237", "para_238", "para_239", "para_240", "para_241", "para_242", "para_243", "para_244", "para_245", "para_246", "para_247", "para_248", "para_249", "para_250", "para_251" ] }, { "title": "Costs", "paragraphs": [ "para_253" ] }, { "title": "On those grounds, the Court (Grand Chamber) hereby rules:", "paragraphs": [] }, { "title": "1.       Article 7 of the Charter of Fundamental Rights of the European Union", "paragraphs": [ "para_256" ] }, { "title": "2.       Articles 7 and 8 of the Charter of Fundamental Rights", "paragraphs": [ "para_258", "para_259", "para_260" ] } ], "paragraphs": [ { "text": "Provisional text", "paragraph_id": "para_1" }, { "text": "JUDGMENT OF THE COURT (Grand Chamber)", "paragraph_id": "para_2" }, { "text": "16 July 2026 ( * )", "paragraph_id": "para_3" }, { "text": "( References for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Abuse of a dominant position – Articles 101 and 102 TFEU – Implementation by the national competition authorities – Decision of a national competition authority ordering an inspection – Search of th …", "paragraph_id": "para_4" }, { "text": "In Joined Cases C‑258/23 to C‑260/23,", "paragraph_id": "para_5" }, { "text": "THREE REQUESTS for a preliminary ruling under Article 267 TFEU from the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court, Portugal), made by decisions of 21 April 2023, received at the Court on 24 April 2023, in the proceedings", "paragraph_id": "para_6" }, { "text": "IMI – Imagens Médicas Integradas S. A. (C‑258/23),", "paragraph_id": "para_7" }, { "text": "Synlabhealth II S. A. (C‑259/23),", "paragraph_id": "para_8" }, { "text": "SIBS – Sociedade Gestora de Participações Sociais S. A.,", "paragraph_id": "para_9" }, { "text": "SIBS, Cartões – Produção e Processamento de Cartões S. A.,", "paragraph_id": "para_10" }, { "text": "SIBS Processos – Serviços Interbancários de Processamento S. A.,", "paragraph_id": "para_11" }, { "text": "SIBS International S. A.,", "paragraph_id": "para_12" }, { "text": "SIBS Pagamentos S. A.,", "paragraph_id": "para_13" }, { "text": "SIBS Gest S. A.,", "paragraph_id": "para_14" }, { "text": "SIBS Forward Payment Solutions S. A.,", "paragraph_id": "para_15" }, { "text": "SIBS MB S. A. (C‑260/23)", "paragraph_id": "para_16" }, { "text": "v", "paragraph_id": "para_17" }, { "text": "Autoridade da Concorrência,", "paragraph_id": "para_18" }, { "text": "THE COURT (Grand Chamber),", "paragraph_id": "para_19" }, { "text": "composed of K. Lenaerts, President, T. von Danwitz, Vice-President, K. Jürimäe, C. Lycourgos, I. Jarukaitis, O. Spineanu-Matei, M. Condinanzi and F. Schalin, Presidents of Chambers, S. Rodin (Rapporteur), E. Regan, N. Piçarra, A. Kumin, N. Jääskinen, S. Gervasoni and N. Fenger, Judges,", "paragraph_id": "para_20" }, { "text": "Advocate General: L. Medina,", "paragraph_id": "para_21" }, { "text": "Registrar: L. Carrasco Marco, Administrator,", "paragraph_id": "para_22" }, { "text": "having regard to the written procedure and further to the hearing on 3 June 2025,", "paragraph_id": "para_23" }, { "text": "after considering the observations submitted on behalf of:", "paragraph_id": "para_24" }, { "text": "–        IMI – Imagens Médicas Integradas S. A., by A. Dias Henriques, R. Oliveira, M. Rodrigues Caldeira and M. Valente, advogados,", "paragraph_id": "para_25" }, { "text": "–        Synlabhealth II S. A., by A. Martins Ferreira, advogado,", "paragraph_id": "para_26" }, { "text": "–        SIBS – Sociedade Gestora de Participações Sociais S. A. and others, by M. de Abreu Castelo Branco, J. Pateira Ferreira and C. Pinto Correia, advogados,", "paragraph_id": "para_27" }, { "text": "–        the Autoridade da Concorrência, by D. Cardoso, A. Cruz Nogueira and S. Parodi, advogadas,", "paragraph_id": "para_28" }, { "text": "–        the Portuguese Government, by C. Alves, P. Barros da Costa and A. Oliveira Santos, acting as Agents,", "paragraph_id": "para_29" }, { "text": "–        the Czech Government, by L. Halajová, M. Smolek and J. Vláčíl, acting as Agents,", "paragraph_id": "para_30" }, { "text": "–        the Greek Government, by K. Boskovits, acting as Agent,", "paragraph_id": "para_31" }, { "text": "–        the Finnish Government, by H. Leppo, acting as Agent,", "paragraph_id": "para_32" }, { "text": "–        the Swedish Government, by F.-L. Göransson, acting as Agent,", "paragraph_id": "para_33" }, { "text": "–        the European Commission, by P. Berghe, P. Caro de Sousa and E. Rousseva, acting as Agents,", "paragraph_id": "para_34" }, { "text": "–        the EFTA Surveillance Authority, by C. Simpson, E. Gromnicka and M.-M. Joséphidès, acting as Agents,", "paragraph_id": "para_35" }, { "text": "after hearing the Opinion of the Advocate General at the sitting on 23 October 2025,", "paragraph_id": "para_36" }, { "text": "makes the following", "paragraph_id": "para_37" }, { "text": "Judgment", "paragraph_id": "para_38" }, { "text": "1         These requests for a preliminary ruling concern the interpretation of Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’).", "paragraph_id": "para_39" }, { "text": "2         The requests have been made in three sets of proceedings between a number of undertakings and the Autoridade da Concorrência (Competition Authority, Portugal; ‘the Competition Authority’) concerning the lawfulness of search measures and the examination, gathering and seizure of evidence at the premises of those undertakings as part of investigations conducted by that authority relating to anticompetitive practices referred to in Articles 101 and 102 TFEU.", "paragraph_id": "para_40" }, { "text": "Legal framework", "paragraph_id": "para_41" }, { "text": "European Union law", "paragraph_id": "para_42" }, { "text": "TFEU", "paragraph_id": "para_43" }, { "text": "3         Article 101 TFEU provides:", "paragraph_id": "para_44" }, { "text": "‘1.      The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:", "paragraph_id": "para_45" }, { "text": "(a)      directly or indirectly fix purchase or selling prices or any other trading conditions;", "paragraph_id": "para_46" }, { "text": "(b)      limit or control production, markets, technical development, or investment;", "paragraph_id": "para_47" }, { "text": "(c)      share markets or sources of supply;", "paragraph_id": "para_48" }, { "text": "(d)      apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;", "paragraph_id": "para_49" }, { "text": "(e)      make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.", "paragraph_id": "para_50" }, { "text": "2.      Any agreements or decisions prohibited pursuant to this Article shall be automatically void.", "paragraph_id": "para_51" }, { "text": "…’", "paragraph_id": "para_52" }, { "text": "4         Article 102 TFEU provides:", "paragraph_id": "para_53" }, { "text": "‘Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in so far as it may affect trade between Member States.", "paragraph_id": "para_54" }, { "text": "Such abuse may, in particular, consist in:", "paragraph_id": "para_55" }, { "text": "(a)      directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions;", "paragraph_id": "para_56" }, { "text": "(b)      limiting production, markets or technical development to the prejudice of consumers;", "paragraph_id": "para_57" }, { "text": "(c)      applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage;", "paragraph_id": "para_58" }, { "text": "(d)      making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.’", "paragraph_id": "para_59" }, { "text": "The Charter", "paragraph_id": "para_60" }, { "text": "5         Article 7 of the Charter states:", "paragraph_id": "para_61" }, { "text": "‘Everyone has the right to respect for his or her private and family life, home and communications.’", "paragraph_id": "para_62" }, { "text": "6         Under Article 8 of the Charter:", "paragraph_id": "para_63" }, { "text": "‘1.      Everyone has the right to the protection of personal data concerning him or her.", "paragraph_id": "para_64" }, { "text": "2.      Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.", "paragraph_id": "para_65" }, { "text": "…’", "paragraph_id": "para_66" }, { "text": "Regulation (EC) No 1/2003", "paragraph_id": "para_67" }, { "text": "7         Recital 26 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles [101] and [102 TFEU] (OJ 2003 L 1, p. 1) states:", "paragraph_id": "para_68" }, { "text": "‘Experience has shown that there are cases where business records are kept in the homes of directors or other people working for an undertaking. In order to safeguard the effectiveness of inspections, therefore, officials and other persons authorised by the [European] Commission should be empowered …", "paragraph_id": "para_69" }, { "text": "8         Under Article 3(1) of that regulation: ‘Where the competition authorities of the Member States or national courts apply national competition law to agreements, decisions by associations of undertakings or concerted practices within the meaning of Article [101(1) TFEU] which may affect trad …", "paragraph_id": "para_70" }, { "text": "9         Article 5 of Regulation No 1/2003 states:", "paragraph_id": "para_71" }, { "text": "‘The competition authorities of the Member States shall have the power to apply Articles [101] and [102 TFEU] in individual cases. For this purpose, acting on their own initiative or on a complaint, they may take the following decisions:", "paragraph_id": "para_72" }, { "text": "–        requiring that an infringement be brought to an end,", "paragraph_id": "para_73" }, { "text": "–        ordering interim measures,", "paragraph_id": "para_74" }, { "text": "–        accepting commitments,", "paragraph_id": "para_75" }, { "text": "–        imposing fines, periodic penalty payments or any other penalty provided for in their national law.", "paragraph_id": "para_76" }, { "text": "Where on the basis of the information in their possession the conditions for prohibition are not met[,] they may likewise decide that there are no grounds for action on their part.’", "paragraph_id": "para_77" }, { "text": "10       Article 20 of that regulation, entitled ‘The Commission’s powers of inspection’, provides:", "paragraph_id": "para_78" }, { "text": "‘1.      In order to carry out the duties assigned to it by this Regulation, the Commission may conduct all necessary inspections of undertakings and associations of undertakings.", "paragraph_id": "para_79" }, { "text": "2.      The officials and other accompanying persons authorised by the Commission to conduct an inspection are empowered:", "paragraph_id": "para_80" }, { "text": "(a)      to enter any premises, land and means of transport of undertakings and associations of undertakings;", "paragraph_id": "para_81" }, { "text": "(b)      to examine the books and other records related to the business, irrespective of the medium on which they are stored;", "paragraph_id": "para_82" }, { "text": "(c)      to take or obtain in any form copies of or extracts from such books or records;", "paragraph_id": "para_83" }, { "text": "…", "paragraph_id": "para_84" }, { "text": "3.      The officials and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection and the penalties provided for in Article 23 in case the produ …", "paragraph_id": "para_85" }, { "text": "4.      Undertakings and associations of undertakings are required to submit to inspections ordered by decision of the Commission. The decision shall specify the subject matter and purpose of the inspection, appoint the date on which it is to begin and indicate the penalties provided for in Articles …", "paragraph_id": "para_86" }, { "text": "…", "paragraph_id": "para_87" }, { "text": "6.      Where the officials and other accompanying persons authorised by the Commission find that an undertaking opposes an inspection ordered pursuant to this Article, the Member State concerned shall afford them the necessary assistance, requesting where appropriate the assistance of the police or of an equivalent enforcement authority, so as to enable them to conduct their inspection.", "paragraph_id": "para_88" }, { "text": "7.      If the assistance provided for in paragraph 6 requires authorisation from a judicial authority according to national rules, such authorisation shall be applied for. Such authorisation may also be applied for as a precautionary measure.", "paragraph_id": "para_89" }, { "text": "…’", "paragraph_id": "para_90" }, { "text": "11       Article 21 of that Regulation No 1/2003, entitled ‘Inspection of other premises’, provides:", "paragraph_id": "para_91" }, { "text": "‘1.      If a reasonable suspicion exists that books or other records related to the business and to the subject matter of the inspection, which may be relevant to prove a serious violation of Article [101] or Article [102 TFEU], are being kept in any other premises, land and means of transport, inc …", "paragraph_id": "para_92" }, { "text": "2.      The decision shall specify the subject matter and purpose of the inspection, appoint the date on which it is to begin and indicate the right to have the decision reviewed by the Court of Justice. It shall in particular state the reasons that have led the Commission to conclude that a suspici …", "paragraph_id": "para_93" }, { "text": "3.      A decision adopted pursuant to paragraph 1 cannot be executed without prior authorisation from the national judicial authority of the Member State concerned. The national judicial authority shall control that the Commission decision is authentic and that the coercive measures envisaged are n …", "paragraph_id": "para_94" }, { "text": "However, the national judicial authority may not call into question the necessity for the inspection nor demand that it be provided with information in the Commission's file. The lawfulness of the Commission decision shall be subject to review only by the Court of Justice.", "paragraph_id": "para_95" }, { "text": "…’", "paragraph_id": "para_96" }, { "text": "The GDPR", "paragraph_id": "para_97" }, { "text": "12       Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1, and corrigendum OJ 2018 L 127, p. 2; ‘the GDPR’), provides in Article 9, entitled ‘Processing of special categories of personal data’:", "paragraph_id": "para_98" }, { "text": "‘1.      Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.", "paragraph_id": "para_99" }, { "text": "2.      Paragraph 1 shall not apply if one of the following applies:", "paragraph_id": "para_100" }, { "text": "…", "paragraph_id": "para_101" }, { "text": "(g)      processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;", "paragraph_id": "para_102" }, { "text": "…’", "paragraph_id": "para_103" }, { "text": "Directive (EU) 2019/1", "paragraph_id": "para_104" }, { "text": "13       Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market (OJ 2019 L 11, p. 3) states the following in recitals 30 to 34:", "paragraph_id": "para_105" }, { "text": "‘(30)      The investigative powers of national administrative competition authorities should be adequate to meet the enforcement challenges of the digital environment, and should enable [national competition authorities] to obtain all information related to the undertaking or association of underta …", "paragraph_id": "para_106" }, { "text": "(31)      National administrative competition authorities should be able to carry out all necessary inspections of premises of undertakings and associations of undertakings where, in line with the case-law of the Court of Justice of the European Union, they can show that there are reasonable grounds …", "paragraph_id": "para_107" }, { "text": "(32)      To be effective, the power of national administrative competition authorities to carry out inspections should enable them to access information that is accessible to the undertaking or association of undertakings or person subject to the inspection and which is related to the undertaking o …", "paragraph_id": "para_108" }, { "text": "(33)      To minimise the unnecessary prolongation of inspections, national administrative competition authorities should have the power to continue making searches and to select copies or extracts of books and records related to the business of the undertaking or association of undertakings being inspected at the authority's premises or at other designated premises. Such searches should ensure the continued due respect of undertakings' rights of defence.", "paragraph_id": "para_109" }, { "text": "(34)      Experience shows that business records may be kept in the homes of directors, managers and other members of staff of undertakings or of associations of undertakings, in particular because of the increased use of more flexible working arrangements. In order to ensure that inspections are ef …", "paragraph_id": "para_110" }, { "text": "14       Article 6 of that directive, entitled ‘Power to inspect business premises’, is worded as follows:", "paragraph_id": "para_111" }, { "text": "‘1.      Member States shall ensure that national administrative competition authorities are able to conduct all necessary unannounced inspections of undertakings and associations of undertakings for the application of Articles 101 and 102 TFEU. Member States shall ensure that the officials and other accompanying persons authorised or appointed by national competition authorities to conduct such inspections are, at a minimum, empowered:", "paragraph_id": "para_112" }, { "text": "(a)      to enter any premises, land, and means of transport of undertakings and associations of undertakings;", "paragraph_id": "para_113" }, { "text": "(b)      to examine the books and other records related to the business irrespective of the medium on which they are stored, and to have the right to access any information which is accessible to the entity subject to the inspection;", "paragraph_id": "para_114" }, { "text": "(c)      to take or obtain, in any form, copies of or extracts from such books or records and, where they consider it appropriate, to continue making such searches for information and the selection of copies or extracts at the premises of the national competition authorities or at any other designated premises;", "paragraph_id": "para_115" }, { "text": "…", "paragraph_id": "para_116" }, { "text": "2.      Member States shall ensure that undertakings and associations of undertakings are required to submit to the inspections referred to in paragraph 1. Member States shall also ensure that, where an undertaking or association of undertakings opposes an inspection that has been ordered by a natio …", "paragraph_id": "para_117" }, { "text": "3.      This Article is without prejudice to requirements under national law for the prior authorisation of such inspections by a national judicial authority.’", "paragraph_id": "para_118" }, { "text": "15       Article 7 of that directive, entitled ‘Power to inspect other premises’, provides:", "paragraph_id": "para_119" }, { "text": "‘1.      Member States shall ensure that if a reasonable suspicion exists that books or other records related to the business and to the subject matter of the inspection, which may be relevant to prove an infringement of Article 101 or Article 102 TFEU, are being kept in any premises, land or means …", "paragraph_id": "para_120" }, { "text": "2.      Such inspections shall not be carried out without the prior authorisation of a national judicial authority.", "paragraph_id": "para_121" }, { "text": "3.      Member States shall ensure that the officials and other accompanying persons authorised or appointed by national competition authorities to conduct an inspection in accordance with paragraph 1 of this Article at a minimum have the powers set out in points (a), (b) and (c) of Article 6(1) and Article 6(2).", "paragraph_id": "para_122" }, { "text": "16       Under Article 32 of that directive, ‘Member States shall ensure that the types of proof that are admissible as evidence before a national competition authority include documents, oral statements, electronic messages, recordings and all other objects containing information, irrespective of the form it takes and the medium on which information is stored.’", "paragraph_id": "para_123" }, { "text": "Portuguese law", "paragraph_id": "para_124" }, { "text": "17       Article 34 of the Constituição da República Portuguesa (Constitution of the Portuguese Republic), entitled ‘Inviolability of a person’s home and correspondence’, provides:", "paragraph_id": "para_125" }, { "text": "‘1.      A person’s home and the secrecy of correspondence and other means of private communication are inviolable.", "paragraph_id": "para_126" }, { "text": "…", "paragraph_id": "para_127" }, { "text": "4.      The public authorities are prohibited from interfering in any way with correspondence, telecommunications or other means of communication, save in the cases in which the law so provides in matters relating to criminal procedure.’", "paragraph_id": "para_128" }, { "text": "18       Lei n. o 19/2012 que aprova o novo regime jurídico da concorrência, revogando as Leis n. os 18/2003, de 11 de junho, e 39/2006, de 25 de agosto, e procede à segunda alteração à Lei n. o 2/99, de 13 de janeiro (Law No 19/2012 establishing the new rules on competition, repealing Law No 18/200 …", "paragraph_id": "para_129" }, { "text": "‘3.      The present law shall be interpreted in a manner consistent with European Union law, in the light of the case-law of the Court of Justice of the European Union, including in matters of practices restrictive of competition which are not capable of affecting trade between Member States.", "paragraph_id": "para_130" }, { "text": "…", "paragraph_id": "para_131" }, { "text": "5.      In the context of Articles 101 and 102 [TFEU], the implementation of the present law shall respect the general principles of European Union law and the [Charter].’", "paragraph_id": "para_132" }, { "text": "19       Article 18 of that law states:", "paragraph_id": "para_133" }, { "text": "‘1.      When exercising its powers to impose penalties, the Competition Authority, through its bodies or officials, may inter alia:", "paragraph_id": "para_134" }, { "text": "…", "paragraph_id": "para_135" }, { "text": "(c)      search for, examine, retrieve and seize written extracts and other documentation on the premises, land or means of transport of undertakings or associations of undertakings, irrespective of the medium on which they are stored, whenever such steps are necessary in order to obtain evidence;", "paragraph_id": "para_136" }, { "text": "…", "paragraph_id": "para_137" }, { "text": "2.      The steps outlined in subparagraphs (c) and (d) of the preceding paragraph require an order of the judicial authority having jurisdiction.", "paragraph_id": "para_138" }, { "text": "…’", "paragraph_id": "para_139" }, { "text": "20       Article 20(1) of that law provides that the seizure of documents, irrespective of their nature or the medium on which they are stored, shall be authorised, ordered or validated by a decision of the judicial authority.", "paragraph_id": "para_140" }, { "text": "21       Article 20(6) of that law provides that, where documents covered by banking secrecy are seized in banks or other credit institutions, prior authorisation from the investigating judge is required.", "paragraph_id": "para_141" }, { "text": "22       In its initial version, Article 21 of the Law on Competition was worded as follows:", "paragraph_id": "para_142" }, { "text": "‘The Public Prosecutor’s Office for the area where the Competition Authority has its headquarters or, when expressly provided for, the investigating judge for that area, shall have the power to authorise the steps provided for in Article 18(1)(c) and (d), Article 19 and Article 20.’", "paragraph_id": "para_143" }, { "text": "23       Article 21 of the Law on Competition, as amended by Lei n. o 17/2022 (Law No 17/2022) of 17 August 2022, provides as follows:", "paragraph_id": "para_144" }, { "text": "‘The judicial authority with jurisdiction for the area where the [Competition Authority] has its headquarters is empowered to authorise the steps set out in Article 18(1)(a) to (d), Article 19 and Article 20.’", "paragraph_id": "para_145" }, { "text": "The disputes in the main proceedings and the questions referred for a preliminary ruling", "paragraph_id": "para_146" }, { "text": "24       The Competition Authority opened investigations in a number of economic sectors in Portugal with a view to determining the existence of anticompetitive practices contrary, inter alia, to Articles 101 and 102 TFEU. More specifically, those investigations concerned, respectively, a potential …", "paragraph_id": "para_147" }, { "text": "25       In that context, the Competition Authority considered it necessary to carry out inspections at the premises of the companies IMI – Imagens Médicas Integradas S. A., Synlabhealth II S. A. and of the SIBS group (‘the applicants in the main proceedings’), for the purpose of examining, gatherin …", "paragraph_id": "para_148" }, { "text": "26       Under the terms of the warrants issued by the Public Prosecutor’s Office, the Competition Authority was empowered, first, to seize all documents directly or indirectly linked to anticompetitive practices, in particular emails and internal documents intended for the dissemination of informat …", "paragraph_id": "para_149" }, { "text": "27       During the inspections carried out from January 2021 to March 2022 at the premises of the applicants in the main proceedings, the Competition Authority examined emails from the employees of those undertakings and seized computer files considered relevant for the purposes of its investigations. Thus, 1 405, 731 and 10 797 computer files were seized respectively.", "paragraph_id": "para_150" }, { "text": "28       Those undertakings challenged the lawfulness of those inspections before the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court, Portugal), which is the referring court.", "paragraph_id": "para_151" }, { "text": "29       That court notes that the Law on Competition confers on the Competition Authority the power to seize documents, irrespective of the medium on which they are stored, provided that authorisation has been granted in advance by the Public Prosecutor’s Office. That court also notes that, under A …", "paragraph_id": "para_152" }, { "text": "30       According to that court, the provisions of that law are consistent with the rationale underlying criminal law, which is to say that the intervention of an investigating judge is required where a means of obtaining evidence is liable to be in breach of fundamental rights, whereas, in other situations, the approval of an inspection by the Public Prosecutor’s Office, as the judicial authority with jurisdiction, is regarded as sufficient.", "paragraph_id": "para_153" }, { "text": "31       In that regard, the referring court states, first of all, that, according to the case-law of the Portuguese courts having jurisdiction in the matter, an inspection of an undertaking for the purpose of investigating the existence of anticompetitive practices is not likely to be in breach of …", "paragraph_id": "para_154" }, { "text": "32       That court then refers to the provisions of Regulation No 1/2003 relating to the Commission’s powers of investigation. It notes that, under Article 20 of that regulation, the Commission may carry out all necessary inspections of undertakings and associations of undertakings and, in that con …", "paragraph_id": "para_155" }, { "text": "33       In addition, the referring court mentions Directive 2019/1, concerning the powers of the competition authorities of the Member States. It follows from recitals 30 and 32, and Article 6 of that directive that those authorities should be entitled to obtain all information relating to the unde …", "paragraph_id": "para_156" }, { "text": "34       That court notes, moreover, that, under Article 2(3) and (5) thereof, the Law on Competition must be interpreted in a manner consistent with EU law, including with regard to anticompetitive practices that are not capable of affecting trade between Member States. In addition, within the scope of the latter provisions, that law must be applied in a manner consistent with the Charter.", "paragraph_id": "para_157" }, { "text": "35       Lastly, that court states that the documents at issue in the present cases concern the commercial activity of the undertakings subject to the inspection measures. In the present case, every email is institutional in nature, inasmuch as it is the sole property of those undertakings, which un …", "paragraph_id": "para_158" }, { "text": "36       The applicants in the main proceedings, on the other hand, submit that the emails of their employees must be protected as ‘correspondence’ and that such documents cannot be seized as part of an investigation into anticompetitive practices prohibited by Articles 101 and 102 TFEU. In the alternative, they submit that the seizure of those emails, in any event, requires the prior authorisation of an investigating judge.", "paragraph_id": "para_159" }, { "text": "37       It was in those circumstances that, in each of the actions before it, the Tribunal da Concorrência, Regulação e Supervisão (Competition, Regulation and Supervision Court) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:", "paragraph_id": "para_160" }, { "text": "‘[(1)]      Do the business records at issue in this case, which are transmitted by email, constitute “correspondence” for the purposes of Article 7 of the [Charter]?", "paragraph_id": "para_161" }, { "text": "[(2)]      Does Article 7 of the [Charter] preclude business records arising from e-mail communications between managers and employees of undertakings from being seized in the course of an investigation into agreements and practices prohibited under Article 101 TFEU (ex Article 81 TEC)?", "paragraph_id": "para_162" }, { "text": "[(3)]      Does Article 7 of the [Charter] preclude such business records from being seized on the prior authorisation of a judicial authority, in this case the Public Prosecutor’s Office, which is responsible for representing the State, defending the interests determined by law, bringing criminal p …", "paragraph_id": "para_163" }, { "text": "Procedure before the Court", "paragraph_id": "para_164" }, { "text": "38       By decision of 14 June 2023, the President of the Court decided, pursuant to Article 54(2) of the Rules of Procedure of the Court of Justice to join Cases C‑258/23, C‑259/23 and C‑260/23 for the purposes of the written and oral procedure, and the judgment.", "paragraph_id": "para_165" }, { "text": "39       On 5 March 2024, those joined cases were assigned to the Fourth Chamber of the Court, so that it could give judgment without a hearing, but with the benefit of an Opinion focusing on the third question referred for a preliminary ruling.", "paragraph_id": "para_166" }, { "text": "40       That Opinion was delivered on 20 June 2024, following which the oral part of the proceedings was closed.", "paragraph_id": "para_167" }, { "text": "41       On 9 October 2024, due to the departure of the Judge-Rapporteur, because his term of office had come to an end, the Court decided to reassign the present joined cases to a new Judge-Rapporteur.", "paragraph_id": "para_168" }, { "text": "42       Taking the view, in particular, that the question relating to the implications of the judgment of 4 October 2024, Bezirkshauptmannschaft Landeck (Attempt to access personal data stored on a mobile telephone) (C‑548/21, EU:C:2024:830), for the answer to the third question referred in each of …", "paragraph_id": "para_169" }, { "text": "43       On 18 March 2025, the Court decided to refer those cases to the Grand Chamber of the Court and reopened the oral part of the procedure.", "paragraph_id": "para_170" }, { "text": "Admissibility", "paragraph_id": "para_171" }, { "text": "44       The applicants in the main proceedings challenged the admissibility of the requests for a preliminary ruling in their entirety.", "paragraph_id": "para_172" }, { "text": "45       In the first place, they submit, in essence, that those requests do not satisfy the requirements laid down in Article 94 of the Rules of Procedure and that the questions referred are irrelevant.", "paragraph_id": "para_173" }, { "text": "46       First of all, in Case C‑258/23, IMI submits that the referring court has failed to provide the Court of Justice with the information necessary for an understanding of the factual and legal context of the case in the main proceedings and to set out the legal issues which it raises. It argues …", "paragraph_id": "para_174" }, { "text": "47       In that regard, it should be noted that, according to settled case-law, in the context of the cooperation between the Court of Justice and the national courts provided for in Article 267 TFEU, it is solely for the national court before which a dispute has been brought, and which must assume …", "paragraph_id": "para_175" }, { "text": "48       It follows that questions relating to EU law enjoy a presumption of relevance. The Court of Justice may refuse to rule on a question referred by a national court for a preliminary ruling only where it is quite obvious that the interpretation of EU law that is sought bears no relation to the …", "paragraph_id": "para_176" }, { "text": "49       It should also be borne in mind that, according to settled case-law, which is now reflected in Article 94(a) and (b) of the Rules of Procedure, the need to provide an interpretation of EU law which will be of use to the national court makes it necessary for the national court to define the …", "paragraph_id": "para_177" }, { "text": "50       Moreover, the information provided in the order for reference must be such as to enable the Court not only to reply usefully but must also give the governments of the Member States and other interested parties an opportunity to submit observations pursuant to Article 23 of the Statute of the Court of Justice of the European Union (judgment of 21 December 2023, European Superleague Company , C‑333/21, EU:C:2023:1011, paragraph 60 and the case-law cited).", "paragraph_id": "para_178" }, { "text": "51       In the present case, the requests for a preliminary ruling include sufficient information to enable the Court of Justice to understand both the legal and factual context of the disputes in the main proceedings and the meaning and scope of the questions referred for a preliminary ruling. In …", "paragraph_id": "para_179" }, { "text": "52       In that regard, it is apparent from the requests for a preliminary ruling that they seek clarification from the Court on the extent of the protection afforded by Article 7 of the Charter against measures for the seizure of business records resulting from email communications between managers and employees of undertakings, in a context which falls within the application of EU law and, in particular, of Articles 101 and 102 TFEU.", "paragraph_id": "para_180" }, { "text": "53       The interpretation which the Court of Justice will be required to give to the provisions of EU law referred to in the requests for a preliminary ruling will have an influence on the referring court’s examination of the lawfulness of the seizure of documents carried out by the Competition Authority in the absence of a prior authorisation issued by a court.", "paragraph_id": "para_181" }, { "text": "54       Moreover, the gist of both the written observations and the oral submissions at the hearing highlights the fact that the interested parties had no difficulty in grasping the factual and legal context surrounding the questions put by the referring court, in understanding the meaning and scop …", "paragraph_id": "para_182" }, { "text": "55       The first ground of inadmissibility raised by the applicants in the main proceedings must therefore be rejected.", "paragraph_id": "para_183" }, { "text": "56       In the second place, in Case C‑259/23, Synlabhealth II submits that, in the present case, the Competition Authority exceeded the limits of the warrant issued by the Public Prosecutor’s Office when it carried out the inspections and seizures at the premises of that company and that it was no …", "paragraph_id": "para_184" }, { "text": "57       In that regard, it should be noted that it is for the national court to decide at what stage of the proceedings it is appropriate for it to refer a question for a preliminary ruling to the Court of Justice (see, to that effect, judgment of 17 July 2008, Coleman , C‑303/06, EU:C:2008:415, paragraph 29 and the case-law cited).", "paragraph_id": "para_185" }, { "text": "58       Where, as here, the Court of Justice receives a request for an interpretation of EU law which is not manifestly unrelated to the reality or the subject matter of the dispute in the main proceedings and it has the necessary information in order to give appropriate answers to the questions pu …", "paragraph_id": "para_186" }, { "text": "59       Consequently, the second ground of inadmissibility raised by the applicants in the main proceedings must also be rejected.", "paragraph_id": "para_187" }, { "text": "60       In the light of the foregoing, the questions referred for a preliminary ruling by the national court are admissible.", "paragraph_id": "para_188" }, { "text": "Substance", "paragraph_id": "para_189" }, { "text": "61       As a preliminary point, it is important to bear in mind that the scope of the Charter, in so far as the action of the Member States is concerned, is defined in Article 51(1) thereof, according to which the provisions of the Charter are addressed to the Member States only when they are imple …", "paragraph_id": "para_190" }, { "text": "62       Since the disputes in the main proceedings concern the question of respect for fundamental rights during inspections carried out by a national competition authority as part of investigations into infringements of Articles 101 and 102 TFEU and, therefore, situations in which EU law is implemented, the provisions of the Charter are applicable.", "paragraph_id": "para_191" }, { "text": "The first question", "paragraph_id": "para_192" }, { "text": "63       By its first question, the referring court asks, in essence, whether Article 7 of the Charter must be interpreted as meaning that the concept of ‘communications’, within the meaning of that article, covers business emails exchanged between employees and managers of an undertaking by means of that undertaking’s messaging service.", "paragraph_id": "para_193" }, { "text": "64       It should be noted that, although the referring court has referred to the concept of ‘correspondence’, Article 7 now refers to the concept of ‘communications’. As is apparent from the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17), the word ‘communications’ was substituted for the word ‘correspondence’ in order to take account of technical developments.", "paragraph_id": "para_194" }, { "text": "65       It is apparent from Article 52(3) of the Charter that, in so far as the Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (ECHR), the meaning and scope of those rights are to be the same as those laid down by that Convention. However, that provision does not preclude the grant of wider protection by EU law.", "paragraph_id": "para_195" }, { "text": "66       In that regard, it must be borne in mind that Article 7 of the Charter, relating to the right to respect for private and family life, contains rights corresponding to those guaranteed by Article 8(1) ECHR. In accordance with Article 52(3) of the Charter, Article 7 of the Charter is thus to …", "paragraph_id": "para_196" }, { "text": "67       It is apparent from the case-law of the European Court of Human Rights that communications from business premises, like those from a person’s home, may be understood in the concepts of ‘private … life’ and ‘correspondence’ referred to in Article 8 ECHR. The European Court of Human Rights ha …", "paragraph_id": "para_197" }, { "text": "68       Thus, since interception of telecommunications constitutes interference with the exercise of the right guaranteed by Article 8(1) ECHR, it also constitutes a limitation on the exercise of the corresponding right laid down in Article 7 of the Charter (judgment of 17 December 2015, WebMindLicenses , C‑419/14, EU:C:2015:832, paragraph 71).", "paragraph_id": "para_198" }, { "text": "69       The Court has already held that the same applies to seizures of emails in the course of inspections at the professional or business premises of a natural person or the premises of a commercial company, which also constitutes interference with the exercise of the right guaranteed by Article 8 of the ECHR (judgment of 17 December 2015, WebMindLicenses , C‑419/14, EU:C:2015:832, paragraph 72).", "paragraph_id": "para_199" }, { "text": "70       Furthermore, as the Advocate General observed in point 31 of the Opinion delivered on 20 June 2024, the classification of the emails as ‘correspondence’ within the meaning of Article 8(1) ECHR and, therefore, as ‘communications’ within the meaning of Article 7 of the Charter, is independent …", "paragraph_id": "para_200" }, { "text": "71       Thus, the fact that, in view of its form or content, an email may be classified as ‘related to the business’ does not deprive it of the protection which Article 7 of the Charter guarantees for communications. In that regard, in the judgment of the European Court of Human Rights of 5 Septemb …", "paragraph_id": "para_201" }, { "text": "72       Lastly, that protection also extends to personal data generated by the traffic of those business emails, which are also protected by Article 8 of the Charter (ECtHR, 16 October 2007, Wieser and Bicos Beteiligungen GmbH v. Austria , CE:ECHR:2007:1016JUD007433601, § 45).", "paragraph_id": "para_202" }, { "text": "73       It follows from the foregoing that Article 7 of the Charter must be interpreted as meaning that the concept of ‘communications’, within the meaning of that article, covers business emails exchanged between employees and managers of an undertaking by means of that undertaking’s messaging service.", "paragraph_id": "para_203" }, { "text": "The second and third questions", "paragraph_id": "para_204" }, { "text": "74       By its second and third questions, which it is appropriate to examine together, the referring court asks whether Article 7 of the Charter must be interpreted as precluding the seizure, authorised in advance by a judicial authority such as the Portuguese Public Prosecutor’s Office, which is …", "paragraph_id": "para_205" }, { "text": "75       According to settled case-law, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the referring court with an answer which will be of use to it and enable it to determine the case before …", "paragraph_id": "para_206" }, { "text": "76       The fact that a national court has, formally speaking, worded a question referred for a preliminary ruling with reference to certain provisions of EU law does not prevent the Court of Justice from providing the national court with all the points of interpretation which may be of assistance …", "paragraph_id": "para_207" }, { "text": "77       In the present case, by its second and third questions, the referring court asks about the lawfulness of seizures of emails, exchanged between the employees and managers of an undertaking, carried out in the course of inspections conducted by the Competition Authority at that undertaking’s …", "paragraph_id": "para_208" }, { "text": "78       Although the referring court merely asks the Court of Justice about the interpretation of Article 7 of the Charter, which recognises that every person has the right to respect for his or her private and family life, home and communications, in such a context, it should be noted that the doc …", "paragraph_id": "para_209" }, { "text": "79       In that regard, it must also be borne in mind that the right to the protection of personal data is closely linked to the right to respect for private and family life enshrined in Article 7 of the Charter, which it supplements (see, to that effect, judgments of 9 November 2010, Volker und Markus Schecke and Eifert , C‑92/09 and C‑93/09, EU:C:2010:662, paragraph 47, and of 18 December 2025, Storstockholms Lokaltrafik , C‑422/24, EU:C:2025:980, paragraph 40).", "paragraph_id": "para_210" }, { "text": "80       In those circumstances, in order to give a useful answer to the referring court, it is necessary to reformulate the second and third questions referred for a preliminary ruling and to take the view that, by those questions, that court asks, in essence, whether Articles 7 and 8 of the Charte …", "paragraph_id": "para_211" }, { "text": "81       As regards the scope of the rights recognised by the Charter, it should be borne in mind that the fundamental rights enshrined in Articles 7 and 8 of the Charter are not absolute rights, but must be considered in relation to their function in society (judgments of 21 June 2022, Ligue des droits humains , C‑817/19, EU:C:2022:491, paragraph 112, and of 22 November 2022, Luxembourg Business Registers , C‑37/20 and C‑601/20, EU:C:2022:912, paragraph 45).", "paragraph_id": "para_212" }, { "text": "82       Article 52(1) of the Charter allows limitations to be imposed on the exercise of rights such as those enshrined in Articles 7 and 8 thereof, as long as the limitations are provided for by law, respect the essence of those rights and freedoms and, subject to the principle of proportionality, …", "paragraph_id": "para_213" }, { "text": "83       In the present case, the view must be taken that the seizure of emails in the course of inspections at the professional or business premises of a natural person or at the premises of a commercial company constitutes a limitation on the exercise of the right to private life enshrined in Article 7 of the Charter (see, to that effect, judgment of 17 December 2015, WebMindLicenses , C‑419/14, EU:C:2015:832, paragraph 72).", "paragraph_id": "para_214" }, { "text": "84       In addition, as regards emails exchanged between the managers and employees of an undertaking and business records derived therefrom, it appears that, in so far as those emails and records are also likely to contain personal data, the seizure carried out by a national competition authority as part of an investigation also constitutes a limitation on the exercise of the right guaranteed by Article 8 of the Charter.", "paragraph_id": "para_215" }, { "text": "85       Such limitations are accordingly possible only if they are provided for by law, if they respect the essence of those rights, if they genuinely meet objectives of general interest recognised by the European Union and if they respect the principle of proportionality.", "paragraph_id": "para_216" }, { "text": "86       In the first place, as regards the requirement relating to observance of the principle of legality, it appears, in the present case, to be satisfied. It should be noted that it is common ground that the measures at issue in the disputes in the main proceedings are based on Articles 18 to 21 …", "paragraph_id": "para_217" }, { "text": "87       In the second place, as regards respect for the essence of the fundamental rights enshrined in Articles 7 and 8 of the Charter, it must be observed that, although measures for the search and seizure of documents, such as those carried out in the disputes in the main proceedings, involve acc …", "paragraph_id": "para_218" }, { "text": "88       Furthermore, it appears that the seizure of the business communications of the managers and employees of an undertaking which is the subject of an investigation does not, as a general rule, entail either the unlimited gathering of personal data or generalised access to such data, since the …", "paragraph_id": "para_219" }, { "text": "89       In those circumstances, subject to the checks to be carried out by the referring court, it appears that the seizure of the documents referred to in the disputes in the main proceedings does not adversely affect the essence of the fundamental rights enshrined in Articles 7 and 8 of the Charter.", "paragraph_id": "para_220" }, { "text": "90       In the third place, as regards the issue whether, in the present case, those interferences meet an objective of general interest recognised by the Union, within the meaning of Article 52(1) of the Charter, it should be noted that the inspections and seizures of communications and other docu …", "paragraph_id": "para_221" }, { "text": "91       As is apparent, in essence, from Protocol (No 27) on the internal market and competition annexed to the FEU Treaty and the EU Treaty, the internal market, as defined in Article 3 TEU and Article 26(2) TFEU, includes a system ensuring that competition is not distorted, which is indispensable …", "paragraph_id": "para_222" }, { "text": "92       In the fourth place, as regards respect for the principle of proportionality, according to settled case-law, the proportionality of the measures which result in interference with the rights guaranteed in Articles 7 and 8 of the Charter requires compliance not only with the requirements of a …", "paragraph_id": "para_223" }, { "text": "93       The limitations that may be imposed on the rights and freedoms enshrined in the Charter apply only in so far as is strictly necessary, it being understood that, where there is a choice between several measures appropriate to meeting the legitimate objectives pursued, recourse must be had to …", "paragraph_id": "para_224" }, { "text": "94       Furthermore, in order to satisfy the proportionality requirement, the legislation in question entailing the interference must also lay down clear and precise rules governing the scope and application of the measures provided for and imposing minimum safeguards, so that the data subjects hav …", "paragraph_id": "para_225" }, { "text": "95       In the present case, first, the powers of investigation and seizure of electronic communications, documents and other data related to the business by the national competition authorities are intended to detect the existence of anticompetitive practices prohibited by Articles 101 and 102 TFE …", "paragraph_id": "para_226" }, { "text": "96       Second, as regards the requirement of necessity, it must be borne in mind that it will be met where the objective pursued by the measures at issue cannot reasonably be achieved just as effectively by other means less restrictive of the fundamental rights of data subjects, in particular the …", "paragraph_id": "para_227" }, { "text": "97       In that regard, it appears that, in the investigation and detection of anticompetitive practices contrary to Articles 101 and 102 TFEU, no other means which are as effective and less prejudicial to the rights to respect for communications and to the protection of personal data present thems …", "paragraph_id": "para_228" }, { "text": "98       As the Advocate General stated, in essence, in point 21 of her Opinion delivered at the sitting on 23 October 2025, emails exchanged in a business context through messaging services are one of the main sources available to the competition authorities for detecting the existence of anticompe …", "paragraph_id": "para_229" }, { "text": "99       However, whilst Member States may deem it necessary to resort to inspections and seizures to establish material evidence of unlawful conduct, their legislation and practice in this area must provide adequate and sufficient safeguards against abuse (see, to that effect, ECtHR, 25 February 1993, Funke v. France , CE:ECHR:1993:0225JUD001082884, § 57, and ECtHR, 21 December 2010, Société Canal Plus and Others v. France , CE:ECHR:2010:1221JUD002940808, § 54 in fine ).", "paragraph_id": "para_230" }, { "text": "100     Third, as regards the proportionality of the limitation on the exercise of the rights enshrined in Articles 7 and 8 of the Charter resulting from the seizure of the emails, it must be assessed in the context in which such a limitation occurs, by weighing, in each case, all the relevant facto …", "paragraph_id": "para_231" }, { "text": "101     As regards the limitation brought about by seizures carried out as part of inspections conducted by a competition authority, such factors include the gravity of the restriction thus imposed on the exercise of the fundamental right in question and the circumstances in which it occurred.", "paragraph_id": "para_232" }, { "text": "102     As regards the gravity of the restriction produced by the legislation at issue in the main proceedings, which permits the seizure, without prior authorisation issued by a court, by the national competition authority, of emails as part of an investigation concerning practices contrary to Arti …", "paragraph_id": "para_233" }, { "text": "103     As regards the circumstances in which the limitation on the exercise of the fundamental right in question occurred, it must be borne in mind that a distinction must, in principle, be drawn between a situation in which the inspection is carried out at the business premises of the undertakings or associations of undertakings in question and that in which the inspection is carried out at other premises, including the private homes of natural persons.", "paragraph_id": "para_234" }, { "text": "104     Although the fundamental right to the inviolability of a person’s home is a general principle of EU law which is now expressed in Article 7 of the Charter, and which corresponds to Article 8 ECHR, the fact remains that that interference by a public authority may go further when it concerns p …", "paragraph_id": "para_235" }, { "text": "105     The powers of investigation vested in the competition authorities are, in principle, strictly defined, encompassing, inter alia, the exclusion of non-business documents from the scope of the investigation, the right to legal assistance, the preservation of the confidentiality of corresponden …", "paragraph_id": "para_236" }, { "text": "106     It is also apparent from the case-law of the European Court of Human Rights relating, in particular, to Article 8 ECHR that, in relation to inspections at the business premises of an undertaking, the fact that prior authorisation for inspection has not been granted by a court, which could ha …", "paragraph_id": "para_237" }, { "text": "107     Furthermore, it should be noted that, in accordance with the considerations referred to above relating to Articles 7 and 8 of the Charter, the provisions of EU law concerning the implementation of the competition rules do not require a court to grant prior authorisation to an inspection carr …", "paragraph_id": "para_238" }, { "text": "108     It follows from all those considerations that Articles 7 and 8 of the Charter do not, in principle, preclude legislation of a Member State under which, as part of an investigation into an alleged infringement of Article 101 or Article 102 TFEU, the national competition authority seizes, at professional or business premises, emails the content of which relates to the subject matter of the inspection without having prior authorisation issued by a court.", "paragraph_id": "para_239" }, { "text": "109     However, it must be stated, first, that, in the absence of such prior authorisation issued by a court, the protection of individuals against arbitrary interference by public authorities with the rights guaranteed by Articles 7 and 8 of the Charter requires a legal framework and a strict limi …", "paragraph_id": "para_240" }, { "text": "110     In the present case, it is apparent from the order for reference that the inspections and seizures did not take place in the absence of any prior authorisation procedure, inasmuch as they were authorised by a judicial authority, namely by the Portuguese Public Prosecutor’s Office, which, in …", "paragraph_id": "para_241" }, { "text": "111     Thus, where, as in the main proceedings, prior authorisation has been granted not by a court but by the Public Prosecutor’s Office, it is of paramount importance that such ex post judicial review proceedings be open to the data subjects and that they fully meet the requirements set out in paragraphs 106 and 109 above.", "paragraph_id": "para_242" }, { "text": "112     Second, it is appropriate to express a reservation with regard to inspections leading to the seizure of mobile telephones, computers or any other computer storage medium belonging, not to the undertakings whose premises are being inspected, but to natural persons such as their managers and employees.", "paragraph_id": "para_243" }, { "text": "113     In the present case, the referring court stated that the email system at issue in the main proceedings is ‘limited to functional use’ and that its use for the employees’ personal and private purposes is ‘prohibited’ by the internal rules of the undertakings in question. Although the requests …", "paragraph_id": "para_244" }, { "text": "114     If, during inspections conducted by a competition authority at the business premises of an undertaking, investigators are required to seize mobile telephones, computers, or any other computer storage medium belonging not to that undertaking but to its managers and employees, access to the data contained in those devices must, where appropriate after being sealed, be subject to prior review by a court or an independent administrative body.", "paragraph_id": "para_245" }, { "text": "115     Since such devices may be used simultaneously for private purposes and for professional or business purposes, access to those devices is likely to concern, depending on the content of those devices, not only traffic and location data, but also photographs and the internet browsing history on …", "paragraph_id": "para_246" }, { "text": "116     Thus, access to such a set of data is liable to allow very precise conclusions to be drawn concerning the private life of the data subject, such as his or her everyday habits, permanent or temporary places of residence, daily or other movements, the activities carried out, the social relatio …", "paragraph_id": "para_247" }, { "text": "117     It is essential – in particular in order to ensure that the principle of proportionality is observed in each specific case by balancing all the relevant factors – that, where access to personal data by the competent national authorities carries the risk of serious, or even particularly serio …", "paragraph_id": "para_248" }, { "text": "118     That prior review requires that the court or independent administrative body entrusted with carrying it out must have all the powers and provide all the guarantees necessary in order to reconcile the various legitimate interests and rights at issue. In particular, as regards an investigation …", "paragraph_id": "para_249" }, { "text": "119     In that regard, it should be added that it is, in principle, for national law alone to determine the rules relating to the admissibility of evidence gathered, provided, however, that those rules are no less favourable than the rules governing similar domestic actions (the principle of equiva …", "paragraph_id": "para_250" }, { "text": "120     It follows from all the foregoing considerations that Articles 7 and 8 of the Charter must be interpreted as not precluding the seizure, without prior authorisation issued by a court, of emails exchanged between the employees and managers of an undertaking during an inspection carried out by …", "paragraph_id": "para_251" }, { "text": "Costs", "paragraph_id": "para_252" }, { "text": "121     Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the referring court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.", "paragraph_id": "para_253" }, { "text": "On those grounds, the Court (Grand Chamber) hereby rules:", "paragraph_id": "para_254" }, { "text": "1.       Article 7 of the Charter of Fundamental Rights of the European Union", "paragraph_id": "para_255" }, { "text": "must be interpreted as meaning that the concept of ‘communications’, within the meaning of that article, covers business emails exchanged between employees and managers of an undertaking by means of that undertaking’s messaging service.", "paragraph_id": "para_256" }, { "text": "2.       Articles 7 and 8 of the Charter of Fundamental Rights", "paragraph_id": "para_257" }, { "text": "must be interpreted as not precluding the seizure, without prior authorisation issued by a court, of emails exchanged between the employees and managers of an undertaking during an inspection carried out by a national competition authority at the professional or business premises of undertakings sus …", "paragraph_id": "para_258" }, { "text": "[Signatures]", "paragraph_id": "para_259" }, { "text": "*       Language of the case: Portuguese.", "paragraph_id": "para_260" } ], "word_count": 13503, "cites": [ "C-258/23", "C-260/23", "C-259/23", "C-548/21", "C-107/23", "C-333/21", "C-303/06", "C-617/10", "C-647/21", "C-648/21", "C-400/10", "C-256/11", "C-419/14", "C-710/23", "C-92/09", "C-93/09", "C-422/24", "C-817/19", "C-37/20", "C-601/20", "C-460/20", "C-94/00", "C-52/09", "C-117/20", "C-151/20", "C-124/21", "C-694/20", "C-205/21", "C-606/18", "C-583/13", "C-690/20", "C-511/18", "C-512/18", "C-520/18" ], "cited_by": [], "sha256": "3ed73fe8b185e9cb20c0cd3e3c0e191118466525e3f7d86e29af03527fde01b6", "source_url": "https://publications.europa.eu/resource/celex/62023CJ0258", "fetched_at": "2026-09-28T06:29:00.7+00:00", "canonical": "https://legal.exploreworldai.com/ai/judgments/eu/62023cj0258", "risk_graph": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:62023cj0258", "relations_graph": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:62023cj0258", "changes": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes", "agent": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:62023cj0258", "verification": { "stored_sha256": "3ed73fe8b185e9cb20c0cd3e3c0e191118466525e3f7d86e29af03527fde01b6", "recomputed_sha256": "3ed73fe8b185e9cb20c0cd3e3c0e191118466525e3f7d86e29af03527fde01b6", "intact": true, "checked_at": "2026-10-25T12:22:51.350Z" } }, "hash": "sha256:f4f9624b8c704c5b6275f9d2d3682356946687523c2fa342d6d382100e78fec3", "version": "legal-2026-10-25", "expires": "2026-10-26T00:00:00.000Z", "dependency": { "index_version": "legal-2026-10-25+legal-2026-10-25+2026-10-25T12:13:04", "content_hash": "sha256:f4f9624b8c704c5b6275f9d2d3682356946687523c2fa342d6d382100e78fec3", "revalidate_after": "2026-10-25T13:22:52.185Z", "max_copy_age_seconds": 3600, "policy": "revalidate-required; attribution-preferred", "changelog": "https://legal.exploreworldai.com/api/public/v1/dependency", "verify": "https://legal.exploreworldai.com/api/public/v1/verify", "stale_copy_invalid": true }, "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:62023cj0258", "follow": [ { "rel": "risk", "href": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:62023cj0258" }, { "rel": "relations", "href": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:62023cj0258" }, { "rel": "agent", "href": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:62023cj0258" }, { "rel": "obligations", "href": "https://legal.exploreworldai.com/api/public/v1/obligation-chain" }, { "rel": "changes", "href": "https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu" } ], "disclaimer": "Source reference with official identifier. 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