Case highlight

💡 𝐍𝐮𝐜𝐭𝐞𝐜𝐡 𝐯𝐬. 𝐄𝐮𝐫𝐨𝐩𝐞𝐚𝐧 𝐂𝐨𝐦𝐦𝐢𝐬𝐬𝐢𝐨𝐧 (𝐓-𝟐𝟖𝟒/𝟐𝟒 𝐑)

EU Commission’s jurisdiction over 𝐝𝐨𝐜𝐮𝐦𝐞𝐧𝐭𝐬 𝐬𝐭𝐨𝐫𝐞𝐝 𝐨𝐧 𝐬𝐞𝐫𝐯𝐞𝐫𝐬 𝐨𝐮𝐭𝐬𝐢𝐝𝐞 𝐄𝐔 upheld by General Court’s President.

On 12 August 2024, the President of the General Court rejected a request for interim relief from security inspection company Nuctech. In the context of the first inspection under the Foreign Subsidies Regulation, the Commission had ordered Nuctech to produce documents stored on servers located in China. Nuctech had asked the President of the General Court to suspend the Commission’s decision.

In his Order, the President ruled that Nuctech did not have a 𝘱𝘳𝘪𝘮𝘢 𝘧𝘢𝘤𝘪𝘦 case against the Commission’s decision:
✔️ The Commission’s jurisdiction extends to all companies with activities in the EU, irrespective of their place of incorporation.
✔️ The Commission can request to see/copy documents in possession of those companies, irrespective of where these documents are located.
✔️ Companies need to explain why they have no access to information stored on servers located outside the EU.
✔️ Companies need to explain why producing the requested documents would breach non-EU law and why such breach would constitute a breach of international public law. The Commission is bound only by EU law and international public law.

𝐌𝐨𝐫𝐞 𝐢𝐧𝐟𝐨?

🖹 Read the full text of the judgment

🖹 Read our In The Picture on the Foreign Subsidies Regulation

𝐐𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬, 𝐨𝐫 𝐝𝐨 𝐲𝐨𝐮 𝐰𝐚𝐧𝐭 𝐭𝐨 𝐥𝐞𝐚𝐫𝐧 𝐦𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐝𝐚𝐰𝐧 𝐫𝐚𝐢𝐝𝐬?
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