Source: OJ L 102, 17.4.2023, pp. 6–19

Article 5 Opening of proceedings

Summary What does Article 5 of the Conduct of certain Commission proceedings say?

This brief article governs when and how the Commission may open formal proceedings aimed at adopting a decision under Article 29 of the Digital Markets Act (Regulation (EU) 2022/1925).

It sets a clear outer boundary on the Commission's discretion regarding timing, and pairs this with a transparency obligation.

Important points:

The Commission may open proceedings at any point in time, but no later than the date it issues its preliminary findings under Article 29(3) of Regulation (EU) 2022/1925.
The Commission is required to make the opening of proceedings public.
This article directly connects to Article 29 of the Digital Markets Act, acting as a procedural gateway to decisions made under that provision.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

1. The Commission may decide to open proceedings with a view to adopting a decision pursuant to Article 29 of Regulation (EU) 2022/1925 at any point in time, but no later than the date on which it issues the preliminary findings pursuant to Article 29(3) of that Regulation.
1. The Commission shall make public the opening of proceedings.

Table of contents

Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.