RegioJet/Ceske drahy (disclosure of documents), RegioJet as v České dráhy, as and Česká republika — Ministerstvo dopravy (joining), Reference for a preliminary ruling, Resolution Ref No 23 Cdo 616/2020-698, ECLI:CZ:NS:2020:23.CDO.616.2020.0, OCL 318 (CZ 2020), 16th December 2020, Czechia; Supreme Court

Whether a national court could order disclosure of documents on the basis of national legislation implementing Directive 2014/104/EU of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (‘Directive 2014/104/EU’) when the proceedings regarding the action for damages on the merits are suspended.

Whether the domestic legislation implementing Directive 2014/104/EU was contrary to Articles 6(5)(a) and 6(9) of Directive 2014/104/EU.

Whether the closure of proceedings before a national competition authority other than by issuing a decision within the meaning of Article 6(5) of Directive 2014/104/EU included suspending the proceedings due to the initiation of proceedings concerning the same matter by the European Commission.

Whether a national court could order a defendant to submit categories of evidence within the meaning of Article 6(5) of Directive 2014/104/EU prior to the end of the proceedings before a competition authority and only subsequently verify whether the respective information or documents indeed fall under Article 6(5)(a) of Directive 2014/104/EU.