Keywords

Summary



Keywords

1 . ECSC - DECISION IMPOSING A FINE OR ORDERING A PERIODIC PENALTY PAYMENT - ADMINISTRATIVE PROCEEDINGS - COMMISSION ' S OBLIGATION TO GIVE THE PARTY CONCERNED THE OPPORTUNITY TO SUBMIT ITS COMMENTS - SCOPE

( ECSC TREATY , ART . 36 , FIRST PARAGRAPH )

2.ECSC - INSTITUTIONS - COMMISSION - POWERS OF INVESTIGATION - IMPLEMENTATION - NEED FOR A PRIOR DECISION - CONDITIONS

( ECSC TREATY , ART . 47 , FIRST PARAGRAPH )

3.MEASURES ADOPTED BY THE INSTITUTIONS - STATEMENT OF REASONS - OBLIGATION - SCOPE - DECISION IMPOSING A FINE

4.ECSC - UNDERTAKINGS - OBLIGATIONS - COMMUNICATION OF INFORMATION TO THE COMMISSION - PRODUCTION OF BUSINESS BOOKS AND ACCOUNTING DOCUMENTS TO AGENTS OF THE COMMISSION CARRYING OUT VERIFICATIONS - SCOPE - MAINTAINING AN UNDISCLOSED ACCOUNTING SYSTEM - UNLAWFUL

( ECSC TREATY , ART . 47 ; GENERAL DECISION NO 14/64 )

5.ECSC - FINES - DETERMINING AMOUNT OF FINE UNDER THE THIRD PARAGRAPH OF ARTICLE 47 OF THE TREATY - CRITERIA - COURT ' S POWER OF ASSESSMENT

( ECSC TREATY , ART . 36 , SECOND PARAGRAPH ; ART . 47 , THIRD PARAGRAPH )

Summary

1 . THE FIRST PARAGRAPH OF ARTICLE 36 OF THE ECSC TREATY MUST BE INTERPRETED AS MEANING THAT IN ADMINISTRATIVE PROCEEDINGS WHICH COULD LEAD TO THE IMPOSITION OF A PECUNIARY SANCTION OR THE ORDERING OF A PERIODIC PENALTY PAYMENT , THE RIGHTS OF THE DEFENCE ARE ASSURED BY THE OPPORTUNITY GIVEN TO THE PARTY CONCERNED TO SUBMIT ITS COMMENTS AND THE COMMISSION CANNOT BE REQUIRED TO REPLY TO THOSE ARGUMENTS WHEN IT CONSIDERS THAT THE PRELIMINARY INVESTIGATION OF THE CASE HAS BEEN SUFFICIENT . THAT RULE ALSO APPLIES WHERE , AFTER A COMPANY HAS REPLIED IN WRITING TO THE COMPLAINT MADE AGAINST IT IN THE COMMISSION ' S LETTER , IT IS OFFERED A FURTHER OPPORTUNITY OF EXPLAINING ITS POINT OF VIEW ORALLY . ARTICLE 36 OF THE ECSC TREATY DOES NOT REQUIRE THE COMMISSION TO REPLY TO THE OBSERVATIONS SUBMITTED BY THE COMPANY CONCERNED ON THE DRAFT MINUTES TRANSMITTED TO IT .

2.IF AN UNDERTAKING CONSIDERS THAT THE ACTIVITIES OF THE OFFICIALS OF THE COMMISSION UNDER THE FIRST PARAGRAPH OF ARTICLE 47 OF THE ECSC TREATY EXCEED EITHER THEIR TERMS OF REFERENCE OR THE JURISDICTION OF THE COMMUNITY , IT MAY REQUEST THAT NO INFORMATION BE GATHERED OR CHECKS BE MADE BEFORE A DECISION IS ADOPTED IN FAVOUR OF ONE OF THE DIFFERING POINTS OF VIEW .

3.THE STATEMENT OF THE REASONS ON WHICH A DECISION IS BASED IS INSUFFICIENT IF THE RECITALS IN THE PREAMBLE THERETO DO NOT CONTAIN SUFFICIENT INFORMATION TO ENABLE THE APPLICANT TO ASCERTAIN EXACTLY WHICH FACTS WERE REGARDED AS CONSTITUTING THE INFRINGEMENT . THAT IS THE CASE IN REGARD TO A DECISION WHICH CONTAINS NEITHER A DESCRIPTION OF THE EVENTS NOR AN INDICATION OF THE DATES ON WHICH THOSE EVENTS TOOK PLACE WITH THE RESULT THAT THE ALLEGED COMPLAINT REMAINS VAGUE AND IMPRECISE .

4.SINCE UNDERTAKINGS MUST BE ABLE TO PRODUCE FOR INSPECTION TO OFFICIALS OR AGENTS OF THE COMMISSION , UNDER THE CONDITIONS LAID DOWN IN GENERAL DECISION NO 14/64 , BUSINESS BOOKS AND ACCOUNTING DOCUMENTS WHICH CONTAIN THE INFORMATION NEEDED TO CHECK EFFECTIVELY THAT THE RULES RELATING TO PRICES HAVE BEEN COMPLIED WITH , THE EXISTENCE OF AN UNDISCLOSED ACCOUNTING SYSTEM , IN SO FAR AS IT MAKES IT DIFFICULT FOR THE COMMISSION TO CARRY OUT THE NECESSARY CHECKS , IS CONTRARY TO THE OBLIGATIONS IMPOSED ON UNDERTAKINGS BY ARTICLE 47 OF THE ECSC TREATY AND THE PROVISIONS ADOPTED IN IMPLEMENTATION THEREOF .

5.IN DETERMINING A FINE UNDER THE THIRD PARAGRAPH OF ARTICLE 47 OF THE ECSC TREATY ACCOUNT MAY BE TAKEN BOTH OF THE OVERALL TURNOVER OF THE UNDERTAKING , WHICH GIVES SOME INDICATION , HOWEVER APPROXIMATE AND IMPERFECT IT MAY BE , OF THE SIZE AND ECONOMIC STRENGTH OF THAT UNDERTAKING , AND OF THE PART OF THAT TURNOVER REPRESENTED BY THE GOODS CONCERNED IN THE INFRINGEMENT , WHICH SERVES TO PROVIDE AN INDICATION OF THE EXTENT OF THAT INFRINGEMENT . CONSEQUENTLY , NEITHER ONE OR THE OTHER OF THOSE FIGURES SHOULD BE GIVEN TOO MUCH WEIGHT COMPARED WITH THE OTHER FACTORS RELEVANT TO AN ASSESSMENT AND THE DETERMINATION OF AN APPROPRIATE FINE CANNOT BE THE RESULT OF A SIMPLE CALCULATION ON THE BASIS OF OVERALL TURNOVER . THE COURT MUST TAKE ACCOUNT OF THOSE CONSIDERATIONS IN ASSESSING , IN THE EXERCISE OF ITS UNLIMITED JURISDICTION , THE SERIOUSNESS OF THE INFRINGEMENTS AT ISSUE .