On 25 January 2014, details were published for an appeal brought by Deutsche Bahn AG and its subsidiaries DB Mobility Logistics AG, DB Energie GmbH, DB Netz AG, DB Schenker Rail GmbH, DB Schenker Rail Deutschland AG, Deutsche Umschlaggesellschaft Schiene-Straße mbH (DUSS) (“Appellants”) against a judgment of the General Court (“GC”) upholding the Commission’s three decisions whereby the Commission had conducted unannounced inspections (so-called dawn raids) at the premises of the Appellants in 2011. The Appellants have now lodged actions with the Court of Justice of the European Union (“CJEU”) seeking annulment of the GC’s ruling (upholding the Commission’s decisions). The Appellants claim, inter alia, that the GC misinterpreted and misapplied the fundamental rights to inviolability of one’s premises and the settled case-law of the European Court of Human Rights. Moreover, the appellants claim that the GC misinterpreted and misapplied the fundamental right to effective judicial review. Furthermore, according to the Appellants, the GC has incorrectly categorized the documents relating to the alleged infringements of competition law as being so-called “chance discoveries”, which were obtained in the context of the investigation outside the scope of the inquiry, although those documents were subject to a prohibition of use. Finally, according to the Appellants, the GC misapplied the rules on the burden of proof. Source: Case C-583/13 Deutsche Bahn and Others v Commission OJ C 24/9, 25/1/2014