Keywords
Summary

Keywords

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1 . PRICES - NON-DISCRIMINATORY INFRINGEMENT OF THE PROVISIONS RELATING TO PUBLICATION

2 . PRICES - INFRINGEMENTS OF THE PROVISIONS RELATING TO PUBLICATION - JUSTIFICATION OF THE AMOUNT OF THE FINE

Summary

1 . ANY PRICE WHICH DEPARTS FROM THE PRICE LIST, EVEN IF THE LATTER HAS BEEN DEPARTED FROM UNIFORMLY IN ALL COMPARABLE TRANSACTIONS AND THE DEPARTURE FOR THAT REASON IS NOT AN INFRINGEMENT OF THE RULES ON NON-DISCRIMINATION, IS AN INFRINGEMENT OF THE RULES REGARDING PUBLICATION .

( ECSC TREATY, ARTICLES 3 AND 60 )

2 . IN ORDER TO DETERMINE ACCURATELY THE GRAVITY OF THE INFRINGEMENT AND CONSEQUENTLY THE AMOUNT OF THE FINE, IT IS NECESSARY TO CONSIDER WHETHER OR NOT THE FAILURE TO COMPLY WITH THE RULES REGARDING PUBLICATION ALSO INCLUDES AN INFRINGEMENT OF THE RULES ON NON-DISCRIMINATION . INFRINGEMENT OF THE RULE ON NON-DISCRIMINATION IS A MORE SERIOUS OFFENCE THAN INFRINGEMENT OF THE RULES REGARDING PUBLICATION . THE LATTER INFRINGEMENT CANNOT HOWEVER BE REGARDED AS A MINOR OFFENCE IN VIEW OF THE AIMS OF COMPULSORY PUBLICATION .

A MERE INFRINGEMENT OF THE RULES REGARDING PUBLICATION CALLS THEREFORE FOR THE IMPOSITION OF A FINE WHICH IS APPROPRIATE HAVING REGARD TO THE CONSEQUENCES OF THAT INFRINGEMENT .

( ECSC TREATY, ARTICLES 36, 60 AND 64 )