"ARTICLE 41 CHARTER" [2014] ELECD 899; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 712

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 23

Section Title: ARTICLE 41 CHARTER

Number of pages: 15

Extract:

23
ARTICLE 41 CHARTER*

RIGHT TO GOOD ADMINISTRATION

1. Every person has the right to have his or her affairs handled impartially,
fairly and within a reasonable time by the institutions, bodies, offices
and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual meas-
ure which would affect him or her adversely is taken;
(b) the right of every person to have access to his or her file, while
respecting the legitimate interests of confidentiality and of pro-
fessional and business secrecy;
(c) the obligation of the administration to give reasons for its deci-
sions.
3. Every person has the right to have the Union make good any damage
caused by its institutions or by its servants in the performance of their
duties, in accordance with the general principles common to the laws of
the Member States.
4. Every person may write to the institutions of the Union in one of the
languages of the Treaties and must have an answer in the same lan-
guage.


OVERVIEW

A. EXPLANATION RELATING TO adopt a decision within a
ARTICLE 41 CHARTER (p.713) reasonable period 23.09

B. REASONABLE PERIOD 23.01 C. RIGHTS OF THE DEFENCE 23.10
1. General 23.01 1. Applicability to preliminary
2. Test 23.02 inquiries 23.13
3. Assessment in respect of 2. Right to be heard 23.14
administrative proceedings 23.07 3. Statement of objections 23.16
4. Consequences of a failure ...