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The AM & S Case

European Court of Justice

1982 E.C.R. 1575 (1982)

Relevant factsFree

During a zinc-market competition investigation, the European Commission (defendant) ordered AM & S (plaintiff) to produce documents including attorney-client communications, and AM & S refused on confidentiality grounds; the founding treaty authorized the Commission to "undertake all necessary investigations" without mentioning any confidentiality exception, and the Commission ruled itself the sole arbiter of what must be produced.

IssueFree

Whether general principles of law apply in an international treaty, even if not explicitly stated therein, unless the treaty restricts the general principle in some way.

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