The Sped-Pro ruling has sparked a lively discussion. Prawo.pl publishes today several statements, including mine, and Professor Bernatt also spoke. Will the verdict shake UOKiK? This question comes to mind after reading some of the comments. Let us look at the matter with a cool eye. The two-stage test from case C-216/18 PPU applies to the rule of law. In the first stage, systemic irregularities are examined. In the second, whether in the circumstances of the case the trader will be exposed to a risk of illegality. The Commission did not carry out the analysis at the first stage, but the General Court did not question this (paragraphs 94 and 95 of the judgment). It only questioned the laconic nature of the Commission’s statement at the second stage as to the circumstantial evidence provided by Sped-Pro. The General Court also confirmed the Union’s lack of interest in pursuing the proceedings. The significance of the judgment may therefore be partisan. This does not mean that everything is ok with the systemic rule of law. In particular, the lack of tenure of the president and the lack of judicial review of the refusal to initiate proceedings are problems. My comments on these issues in the article on Prawo.pl https://www.prawo.pl/biznes/wyrok-sadu-ue-niezaleznosc-uokik-pod-znakiem-zapytania,513589.html
