"ARTICLE 20 CHARTER" [2014] ELECD 898; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 709

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 22

Section Title: ARTICLE 20 CHARTER

Number of pages: 3

Extract:

22
ARTICLE 20 CHARTER*

EQUALITY BEFORE THE LAW

Everyone is equal before the law.


OVERVIEW

A. EXPLANATION RELATING TO E. IN RELATION TO THE CALCULATION
ARTICLE 20 CHARTER (p.709) OF A FINE BY THE EUROPEAN
COMMISSION 22.04
B. GENERAL 22.01
F. IN RELATION TO THE REVIEW OF A
C. IN RELATION TO THE FINDING OF AN FINE BY THE EU COURTS 22.05
INFRINGEMENT 22.02

D. IN RELATION TO A LENIENCY REBATE 22.03




A. EXPLANATION RELATING TO ARTICLE 20 CHARTER

This Article corresponds to a general principle of law which is included in all
European constitutions and has also been recognised by the Court of Justice as a basic
principle of Community law (judgment of 13 November 1984, Case 283/83 Racke
[1984] ECR 3791; judgment of 17 April 1997, Case C-15/95 EARL [1997] ECR
I-1961; and judgment of 13 April 2000, Case C-292/97 Karlsson [2000] ECR
2737).


B. GENERAL

The principle of equal treatment, as a general principle of EU law, requires that 22.01
comparable situations must not be treated differently and that different situations must
not be treated in the same way, unless such treatment is objectively justified.
CoJ 13 November 1984 (Racke, 283/83), ECR 1984, p. 3791, para. 7.


* This chapter was written by Herman Speyart.

709
 Chapter 22 ARTICLE 20 CHARTER


C. IN RELATION TO THE FINDING OF AN INFRINGEMENT

22.02 The fact that a trader who was in a position similar to ...