# C_2012316EN.01000501.xml

| 19.10.2012 | EN | Official Journal of the European Union | C 316/5 |
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19.10.2012

EN

Official Journal of the European Union

C 316/5

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Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 March 2012 regarding a draft decision relating to Case COMP/39.793 — EPH and others

Rapporteur: Sweden

2012/C 316/03

| 1. | The Advisory Committee agrees with the Commission’s qualification of the two incidents relating to the handling of e-mails as a refusal to submit to an inspection according to Article 23(1)(c) of Regulation (EC) No 1/2003. |
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1.

The Advisory Committee agrees with the Commission’s qualification of the two incidents relating to the handling of e-mails as a refusal to submit to an inspection according to Article 23(1)(c) of Regulation (EC) No 1/2003.

| 2. | The Advisory Committee agrees with the Commission that the infringement of Article 23(1)(c) of Regulation (EC) No 1/2003, i.e. the refusal to submit to the inspection, was committed negligently with regard to the unblocking of an e-mail account and intentionally with regard to the diversion of incoming e-mails. |
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2.

The Advisory Committee agrees with the Commission that the infringement of Article 23(1)(c) of Regulation (EC) No 1/2003, i.e. the refusal to submit to the inspection, was committed negligently with regard to the unblocking of an e-mail account and intentionally with regard to the diversion of incoming e-mails.

| 3. | The Advisory Committee agrees with the Commission’s assessment that the two incidents relating to the handling of e-mails constitute a single infringement. |
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3.

The Advisory Committee agrees with the Commission’s assessment that the two incidents relating to the handling of e-mails constitute a single infringement.

| 4. | The Advisory Committee agrees with the Commission that Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. are each liable for the infringement. |
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4.

The Advisory Committee agrees with the Commission that Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. are each liable for the infringement.

| 5. | The Advisory Committee agrees with the factors taken into account when calculating the level of the fine for Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. pursuant to Article 23(1)(c) of Regulation (EC) No 1/2003. |
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5.

The Advisory Committee agrees with the factors taken into account when calculating the level of the fine for Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. pursuant to Article 23(1)(c) of Regulation (EC) No 1/2003.

| 6. | The Advisory Committee agrees with the actual level of the fine proposed by the Commission. |
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6.

The Advisory Committee agrees with the actual level of the fine proposed by the Commission.

| 7. | The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |
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7.

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.

Official Journal of the European Union

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