Caronte & Tourist in Request for Preliminary Ruling Before the EU Court of Justice

Cleary Gottlieb has advised Caronte & Tourist before the EU Court of Justice in relation to a request for a preliminary ruling on whether the time limits to open an antitrust investigation comply with EU law.

Advocate General Priit Pikamäe delivered his opinion in Case C-511/23, Caronte & Tourist, in the context of a preliminary reference to the EU Court of Justice seeking clarification on whether Italian rules—which require antitrust authorities to open an investigation within 90 days from the moment they become aware of the essential elements of an alleged infringement—potentially conflict with EU law. Pikamäe advised that such a deadline, which can result in the annulment of decisions if missed, likely undermines the effectiveness of EU law.