Keywords
Summary

Keywords

1 . COMPETITION - CARTELS - PROHIBITION - INFRINGEMENT - FINE - FIXING THE FINE - AMOUNT - UNITS OF ACCOUNT - CONVERSION INTO NATIONAL CURRENCY - FIXING THE FINE IN THIS NATIONAL CURRENCY

( REGULATION NO 17 OF THE COUNCIL , ARTICLE 15 , ARTICLE 18 )

2 . COMPETITION - CARTELS - PROHIBITION - INFRINGEMENT - FINE - AMOUNT - FIXING THE AMOUNT IN ANOTHER NATIONAL CURRENCY - PAYMENT IN ANOTHER NATIONAL CURRENCY OF THE COMMUNITY - ADMISSIBILITY - CONDITIONS

( REGULATION NO 17 OF THE COUNCIL , ARTICLE 15 )

3 . PROCEDURE - JUDGMENT - INTERPRETATION - EFFECTS

( RULES OF PROCEDURE , ARTICLE 102 )

Summary

1 . TO THE EXTENT TO WHICH ARTICLE 15 ( 2 ) OF REGULATION NO 17 , FOR THE PURPOSE OF DEFINING THESE LIMITS , TAKES THE UNIT OF ACCOUNT INTO CONSIDERATION THE COMMISSION AND THE COURT , IN ORDER TO CONVERT THE UNIT OF ACCOUNT INTO NATIONAL CURRENCY , HAVE TO ADOPT THE METHOD FOUND IN ARTICLE 18 OF THE SAID REGULATION AND IN THE PROVISIONS TO WHICH THIS ARTICLE REFERS . NEVERTHELESS THERE IS NOTHING IN THE WORDING OF ARTICLE 15 OF REGULATION NO 17 WHICH JUSTIFIES THE CONCLUSION THAT THE COMMISSION AND THE COURT ARE BOUND TO EXPRESS THE AMOUNT OF A FINE IN UNIT OF ACCOUNT OR WITH REFERENCE TO A SUM EXPRESSED IN UNIT OF ACCOUNT . SINCE THE UNIT OF ACCOUNT IS NOT A CURRENCY IN WHICH PAYMENT IS MADE , THE COMMISSION AND THE COURT ARE OF NECESSITY BOUND TO FIX THE AMOUNT OF THE FINE IN NATIONAL CURRENCY .

2 . ALTHOUGH THE COMMISSION CAN REQUIRE UNDERTAKINGS UPON WHICH A FINE HAS BEEN IMPOSED WITHIN THE MEANING OF ARTICLE 15 OF REGULATION NO 17 TO PAY THEIR DEBTS IN THE NATIONAL CURRENCY INDICATED IN THE COMMISSION ' S DECISION OR IN THE JUDGMENT OF THE COURT , NO LEGAL PROVISION PREVENTS THE COMMISSION FROM ACCEPTING PAYMENTS IN ANOTHER NATIONAL CURRENCY OF THE COMMUNITY . NEVERTHELESS IT MUST SEE TO IT THAT THE ACTUAL VALUE OF THE PAYMENTS MADE IN ANOTHER CURRENCY CORRESPONDS TO THAT OF THE SUM FIXED IN NATIONAL CURRENCY IN THE DECISION OR IN THE JUDGMENT . THEREFORE THE CONVERSION OF THE TWO NATIONAL CURRENCIES IN QUESTION MUST BE EFFECTED AT THE EXCHANGE RATE ON THE FREE FOREIGN EXCHANGE MARKET APPLICABLE ON THE DAY OF PAYMENT .

3 . AN INTERPRETING JUDGMENT IS BINDING NOT ONLY ON THE APPLICANTS BUT ALSO ON ANY OTHER PARTY , IN SO FAR AS THAT PARTY IS AFFECTED BY THE PASSAGE IN THE JUDGMENT WHICH THE COURT IS ASKED TO INTERPRET OR BY A PASSAGE WHICH IS EXACTLY SIMILAR THERETO .