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The order on EUR-Lex is headed "ORDER OF THE PRESIDENT OF THE GENERAL COURT 3 August 2026" and signed "Luxembourg, 3 August 2026"; EUR-Lex lists its date of document as 03/08/2026, and no time is published.[1]- Start
- Aug 3, 202690% CONFIDENCEsource
EU General Court Refuses to Suspend Commission's VMware Document Demand
The General Court's President dismissed Broadcom's bid to suspend the Commission's demand for communications with in-house lawyers qualified outside the EU, finding no prima facie case and that the Commission's interest in enforcing competition rules prevails (T-280/26 R). The annulment action continues.
- Order of the President of the General Court, M. van der Woude, of 3 August 2026 in Case T-280/26 R, ECLI:EU:T:2026:488[1]
- Because the Commission's amending decision of 13 May 2026 had already excluded all communications with independent external lawyers, including non-EU-qualified ones, the President found no need to rule on that part; what remained was communications with in-house counsel outside the EU[1]
- Following AM & S and Akzo Nobel, communications with in-house lawyers are not privileged under EU law, and confidentiality is an autonomous EU concept that third-country law cannot decide[1][2]
- Under the "qualified effects" test the Commission may request documents from companies outside the EU; nothing in the EU-US cooperation agreements limits it, and comity was respected[1][2]
- Because "the main elements of Broadcom's licensing strategy are intended to apply worldwide", responsive documents were prima facie relevant, and "it is for the Commission to decide whether a particular item of information is necessary"[1]
- Weighing the interests, a suspension would encourage other companies under investigation to seek the same relief, with systemic consequences for EU competition enforcement[1]
- The order cancelled the President's order of 22 May 2026 under Article 157(2) of the Rules of Procedure, which had temporarily ordered the Commission to suspend the decision; costs are reserved[1]
- Broadcom's action for annulment remains to be decided[2][3]