Décision judiciaire de Tribunal des Conflits, 5 octobre 2020 (cas Tribunal des Conflits, , 05/10/2020, C4193, Publié au recueil Lebon)
Date de Résolution: | 5 octobre 2020 |
Juridiction: | Tribunal des conflits |
Vu l'arrêt du 4 avril 2019 par lequel la cour d'appel de Paris s'est déclarée incompétente pour connaître du litige ;
Vu, enregistré le 22 juin 2020, le mémoire présenté pour l'Autorité de la concurrence, qui s'en remet à la sagesse du Tribunal ;
Vu les pièces desquelles il résulte que la saisine du Tribunal des conflits a été communiquée aux sociétés Google Ireland Ltd, Google LLC, et Google France SARL, à la société Amadeus et au ministère de l'économie et des finances, qui n'ont pas produit de mémoire.
Vu les autres pièces du dossier ;
Vu la loi des 16-24 août 1790 et le décret du 16 fructidor an III ;
Vu la loi du 24 mai 1872 ;
Vu le décret n° 2015-233 du 27 février 2015 ;
Vu le code de commerce ;
Après avoir entendu en séance publique :
- le rapport de Mme A... B..., membre du Tribunal,
- les observations de la SCP Baraduc, Duhamel, Rameix pour l'Autorité de la concurrence ;
- les observations de la SCP Spinosi, Sureau pour les Sociétés Google France, Google LLC et Google Ireland LTD ;
- les conclusions de M. Nicolas Polge, rapporteur public ;
Considérant ce qui suit :
1. Aux termes de l'article 32 du décret du 27 février 2015 : " Lorsqu'une juridiction de l'ordre judiciaire ou de l'ordre administratif a, par une décision qui n'est plus susceptible de recours, décliné la compétence de l'ordre de juridiction auquel elle appartient au motif que le litige ne ressortit pas à cet ordre, toute juridiction de l'autre ordre, saisie du même litige, si elle estime que le litige ressortit à l'ordre de juridiction primitivement saisi, doit, par une décision motivée qui n'est susceptible d'aucun recours même en cassation, renvoyer au Tribunal des conflits le soin de décider sur la question de compétence ainsi soulevée et surseoir à toute procédure jusqu'à la décision du tribunal ".
2. Le 4 mai 2018, la société Amadeus a saisi l'Autorité de la concurrence pour qu'elle prenne des mesures contre les sociétés Google Ireland Ltd et Google LLC, en...
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