Synetairismos Farmakopoion Aitolias & Akarnanias (Syfait) v GlaxoSmithKline plc
A national competition authority that is subject to the supervision of a government minister is not a court or tribunal that can refer questions to the Court of Justice.
Facts
Associations of pharmacists in Greece complained to the Greek Competition Commission that GlaxoSmithKline had abused its dominant position by refusing to supply them with medicines, which they wanted to export to other Member States where prices were higher. The Competition Commission referred questions to the Court of Justice about whether this was an abuse.
Legal principle
The Court of Justice held that it had no jurisdiction to answer the questions, because the Competition Commission was not a court or tribunal. The Commission was subject to the supervision of the Minister for Development, its members could be dismissed without special safeguards, and there was a link between it and its secretariat, which investigated cases. It was therefore not sufficiently independent. In addition, its decisions could be overridden by the European Commission, which could take over a case, so it was not deciding cases in a judicial capacity.
Related cases on preliminary references
- Broekmeulen v Huisarts Registratie Commissie Case 246/80, [1981] ECR 2311
- Consorzio Italian Management v Rete Ferroviaria Italiana SpA Case C-561/19, EU:C:2021:799
- Da Costa en Schaake NV v Nederlandse Belastingadministratie Joined Cases 28/62 to 30/62, [1963] ECR 31
- Dorsch Consult Ingenieurgesellschaft mbH v Bundesbaugesellschaft Berlin mbH Case C-54/96, [1997] ECR I-4961
- Elchinov v Natsionalna zdravnoosiguritelna kasa Case C-173/09, [2010] ECR I-8889
- Foglia v Novello (No 1) Case 104/79, [1980] ECR 745
- Foto-Frost v Hauptzollamt Lübeck-Ost Case 314/85, [1987] ECR 4199
- HP Bulmer Ltd v J Bollinger SA [1974] Ch 401
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