do-me/EUR-LEX huggingface dataset:
Notice from the Commission on procedures concerning notifications pursuant to Article 4 of Council Regulation No 17/62
Date: 1983-11-02
Institutions: European Commission
Subjects: administrative formalities, administrative procedure, competition













EUR-Lex - 31983Y1102(05) - EN






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31983Y1102(05)

Notice from the Commission on procedures concerning notifications pursuant to Article 4 of Council Regulation No 17/62  


Official Journal C 295 , 02/11/1983 P. 0006 - 0007 Spanish special edition: Chapter 08 Volume 2 P. 0121  Portuguese special edition Chapter 08 Volume 2 P. 0121  





Notice from the Commission on procedures concerning notifications pursuant to Article 4 of Council Regulation No 17/62 (1) In publishing this notice, it is the intention of the Commission to open the way for a more flexible administrative practice in assessing notifications under Article 4 of Regulation No 17/62 in the light of its past experience in this area. This has shown that in certain cases a provisional letter sent by the Commission's Directorate-General for Competition would be an appropriate response to a notification made for the purposes of obtaining an Article 85 (3) Decision. However, in order to enhance the declaratory value of such a letter, and without prejudice to the possibility of terminating the procedure by a formal Decision, the Commission will now publish the essential content of such agreements pursuant to Article 19 (3) of Regulation No 17/62, so as to give  (1) OJ No 13, 21.2.1962, p. 204 ; OJ (English Special Edition 1959-62), November 1972, p. 87.  interested third parties an opportunity to make known their views. In the light of the comments received after publication, it would then be possible, in appropriate cases, to send a provisional letter, so as to simplify and shorten the procedure. Such letters will not have the status of Decisions and will therefore not be capable of appeal to the Court of Justice. They will state that the Directorate-General for Competition, in agreement with the undertakings concerned, does not consider it necessary to pursue the formal procedure through to the adoption of a Decision under Article 85 (3) in accordance with Article 6 of Regulation No 17/62.  A list of the cases dealt with by dispatch of provisional letters following publication will be appended to the Report on Competition Policy.