PLMJ in pivotal case at the Court of Justice of the European Union (CJEU)

With the courtroom at full capacity, the PLMJ lawyers participated in pivotal case at the Court of Justice of the EU.

PLMJ lawyers Alexandra Dias Henriques and Margarida Rodrigues Caldeira appeared this week before the Grand Chamber of the CJEU, a 15-judge formation reserved for cases of exceptional complexity or with potential cross-cutting impact across the EU. 

The case, referred by the Portuguese Competition Court, concerns the legality of inspections carried out by the Portuguese Competition Authority over the past decade, in light of Articles 7 and 8 of the Charter of Fundamental Rights of the EU, which protect private life, correspondence, and personal data. At stake is the access to and seizure of email messages without prior authorisation by a judge, the exclusion of evidence obtained in this manner and the effectiveness of EU Competition Law.

The hearing brought together representatives of two Portuguese companies (one represented by PLMJ’s lawyers), the Portuguese Republic, the Competition Authority, the European Commission, the EFTA Surveillance Authority and three other interested Member States.

Due to the relevance and public interest of the case, the courtroom was at full capacity and the hearing was selected for streaming by the CJEU.

Case number C-258/23 et o. and the hearing is available here.