Court of Justice 12 June 2025, C-286/24 (Meliá Hotels International, S.A. v Associação Ius Omnibus.)

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Advocate General Szpunar's opinion addresses the applicability of Article 5(1) of Directive 2014/104/EU concerning the plausibility of claims for damages in actions for disclosure of evidence prior to initiating such actions. The opinion analyzes whether the requirement for demonstrating plausibility necessitates that harm is more likely than not to have occurred and whether national courts can rely solely on decisions from competition authorities to establish this plausibility. Ultimately, the opinion supports the notion that the criteria for plausibility outlined in the directive can apply to requests for evidence disclosure under Portuguese law, thereby affirming the jurisdiction of the Court to interpret these provisions.AI