on the legal consequences of a fine imposed for failing to observe the time limit in a competition case
- In competition cases too, a fine may be imposed for exceeding the administrative time limit.
- In determining the amount of the fine, the assessment must include what type of legal harm the infringer has had to face due to the public authority’s failure to observe the administrative time limit; that is, whether, in light of the specific circumstances of the case, his right to fair proceedings has been violated and to what extent this justifies a reduction in the fine.
- When assessing the lawfulness of the fine imposed after the time limit, it is irrelevant whether the authority was aware that it had exceeded the time limit applicable to it.
- The Curia’s “K.I.” Adjudicating Panel may deviate from Decision No. Kf.II.37.959/2018/14, which was published in the Collection of Court Decisions.
- Decision No. Kf.II.37.959/2018/14, which was published in the Collection of Court Decisions, may no longer be referred to as binding.