Court of Justice 21 September 2023, C-605/21 (Heureka Group a.s. v Google LLC.)

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Advocate General Kokott opines that Article 102 TFEU and the principle of effectiveness preclude national legislation allowing the limitation period for competition law damages to commence before a continuous infringement has entirely ceased. The Opinion argues that even prior to the transposition of Directive 2014/104/EU, limitation periods could not run until the injured party possessed sufficient knowledge of the infringement and the conduct had ended. Furthermore, the Advocate General suggests that national courts may rely on non-final Commission decisions to establish infringements, provided they assess the necessity of staying proceedings in light of the right to an effective remedy.AI