În ciuda celor menționate în Regulamentul nr. 1/2003, sancțiunile aplicate nu au caracter administrativ, ci penal

5 iunie 2018
402 citiri

33 It must be added that, notwithstanding Article 23(5) of Regulation No 1/2003, which states that decisions imposing fines for infringements of the competition rules are not of a criminal law nature, the infringement of Article 101(1) TFEU, of Article 53 of the EEA Agreement and of Article 8 of the Swiss Agreement involves engaging in conduct which is generally regarded as underhand, to the detriment of the public at large, and which entails a clear stigma and a potential fine, for the undertakings responsible, of up to 10% of annual turnover, which is undoubtedly severe (see the Opinion of Advocate General Sharpston in KME Germany and Others v Commission, C‑272/09 P, ECR, EU:C:2011:63, paragraph 64). Given the nature of the infringements in question and the nature and degree of severity of the ensuing penalties (see judgment of 27 March 2014 in Saint-Gobain Glass France and Others v Commission, T‑56/09 and T‑73/09, ECR, EU:T:2014:160, paragraph 78 and the case-law cited), those penalties pertain to criminal matters for the purpose of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950 (‘the ECHR’), as can be seen, inter alia, from the judgment of the European Court of Human Rights in A. Menarini Diagnostics S.R.L. v. Italy (no. 43509/08, §§ 39 to 44, 27 September 2011).

Tribunalul Uniunii Europene
(Hotărârea din data de 16 decembrie 2015, T-9/11, Air Canada/Comisia, EU:T:2015:994)

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