On 13 August 2011, details were published of appeals by Deutsche Bahn and a number of its subsidiaries against the European Commission’s (“commission”) decision authorising unannounced inspections at their premises. The Commission is investigating potential breaches of Article 102 of the TFEU by Deutsche Bahn. Deutsche Bahn claims that the inspection decisions were unlawful as they breached its rights of defence, the right to inviolability of premises, the right to an effective legal remedy and the principle of proportionality. Deutsche Bahn argued that, the decisions were disproportionately wide and non-specific and that the inspections amounted to a “fishing expedition”. Further that the Commission could have obtained information about the alleged infringements by less intrusive measures. Read more