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"ARTICLE 20 CHARTER" [2018] ELECD 29; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 759

Book Title: European Competition Law

Editor(s): VerLoren van Themaat, Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

Section: Chapter 22

Section Title: ARTICLE 20 CHARTER

Number of pages: 3

Extract:

22 ARTICLE 20 CHARTER* EQUALITY BEFORE THE LAW Everyone is equal before the law.
OVERVIEW A. EXPLANATION RELATING TO ARTICLE 20 CHARTER B. GENERAL C. IN RELATION TO THE FINDING OF AN INFRINGEMENT D. IN RELATION TO A LENIENCY REBATE E. IN RELATION TO THE CALCULATION OF A FINE BY THE EUROPEAN COMMISSION F. IN RELATION TO THE REVIEW OF A FINE BY THE EU COURTS 22.02 22.03
(p.759) 22.01
22.04
22.05
A. EXPLANATION RELATING TO ARTICLE 20 CHARTER This Article corresponds to a general principle of law which is included in all European constitutions and has also been recognised by the Court of Justice as a basic principle of Community law (judgment of 13 November 1984, Case 283/83 Racke [1984] ECR 3791; judgment of 17 April 1997, Case C-15/95 EARL [1997] EUECJ C-15/95; [1997] ECR I-1961; and judgment of 13 April 2000, Case C-292/97 Karlsson [2000] ECR 2737).
B. GENERAL The principle of equal treatment, as a general principle of EU law, requires that 22.01 comparable situations must not be treated differently and that different situations must not be treated in the same way, unless such treatment is objectively justified.
CoJ 13 November 1984 (Racke, 283/83) [1984] ECR 3791, para. 7.
*
This chapter was written by Herman Speyart.
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Chapter 22 ARTICLE 20 CHARTER
C. IN RELATION TO THE FINDING OF AN INFRINGEMENT 22.02 The fact that a trader who was in a position similar to that ...