Commission Regulation (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector

COMMISSION REGULATION (EEC) No 4261/88 of 16 December 1988 on the complaints, applications and hearings provided for in Council Regulation (EEC) No 3975/87 laying down the procedure for the application of the rules on competition to undertakings  in the air transport sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 3975/87 of 14 December 1987 laying down the procedure for the application of the rules on competition to undertakings in the air transport sector (1), and in particular Article 19 thereof,
Having regard to the opinion of the Advisory Committee on Agreements and Dominant Positions in Air Transport,
Whereas, pursuant to Article 19 of Regulation (EEC) No 3975/87, the Commission is empowered to adopt implementing provisions concerning the form, content and other details of complaints pursuant to Article 3 (1) and of applications pursuant to Article 3  (2) and 5 and the hearings provided for in Article 16 (1) and (2) of that Regulation;
Whereas complaints pursuant to Article 3 (1) of Regulation (EEC) No 3975/87 may make it easier for the Commission to take aktion for infringement of Articles 85 and 86 of the EEC Treaty in the field of air transport; whereas it would consequently seem  appropriate to make the procedure for submitting complaints as simple as possible; whereas it is appropriate, therefore, to provide for complaints to be submitted in one written copy, the form, content und details being left to the discretion of the  complainants;
Whereas the submission of the applications pursuant to Article 3 (2) and 5 of Regulation (EEC) No 3975/87 may have important legal consequences for each undertaking which is a party to an agreement, decision or concerted practice; whereas each  undertaking should, therefore, have the right to submit such applications to the Commission; whereas, on the other hand, if an undertaking makes use of that right, it must so inform the other undertakings which are parties to the agreement, decision or  concerted practice, in order that they may protect their interests;
Whereas it is for the undertakings and associations of undertakings to inform the Commission of the facts and circumstances in support of the applications submitted in accordance with Articles 3 (2) and 5 of Regulation (EEC) No 3975/87;
Whereas it is desirable to prescribe that forms be used for applications in order, in the interest of all concerned, to simplify and expedite examination thereof by the competent departments;
whereas in most cases the Commission will in the course of the procedure for the hearings provided for in Article 16 (1) and (2) of Council Regulation (EEC) No 3975/87 already be in close touch with the participating undertakings or associations of  undertakings and they will accordingly have the opportunity of making known their views regarding the objections raised against them;
Whereas in accordance with Article 16 (1) und (2) of Regulation (EEC) No 3975/87 and with the rights of the defence, the undertakings and associations of undertakings concerned must have the right on conclusion of the procedure to submit their comments  on the whole of the objections raised against them which the Commission proposes to deal with in its decisions;
Whereas persons other than the undertakings or associations of undertakings which are involved in the procedure may have an interest in being heard; whereas, by the second sentence of Article 16 (2) of Regulation (EEC) No 3975/87, such persons must have  the opportunity of being heard if they apply and show that they have a sufficient interest;
Whereas it is desirable to enable persons who pursuant to Article 3 (1) of Regulation (EEC) No 3975/87 have lodged a complaint to submit their comments where the Commission considers that on the basis of the information in its possession there are  insufficient grounds for action;
Whereas the various persons entitled to submit comments must do so in writing, both in their own interest and in the interest of good administration, without prejudice to an oral procedure where appropriate to supplement the written procedure;
Whereas it is necessary to define the rights of persons who are to be heard, and in particular the conditions upon which they may be represented or assisted and the setting and calculation of time limits;
Whereas the Advisory Committee on Restrictive Practices and Dominant Positions in Air Transport delivers its opinion on the basis of a preliminary draft decision; whereas it must therefore be consulted concerning a case after the inquiry in that case  has been completed; whereas such consultation does not prevent the Commission from re-opening an inquiry if need be,