Whether a national court could order disclosure of documents on the basis of national legislation implementing Directive 2014/104/EU 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 is 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 ‘otherwise’ 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 in 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.
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