This document is an excerpt from the EUR-Lex website
Document 52012XX1019(01)
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 March 2012 regarding a draft decision relating to Case COMP/39.793 — EPH and others — Rapporteur: Sweden
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 March 2012 regarding a draft decision relating to Case COMP/39.793 — EPH and others — Rapporteur: Sweden
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 March 2012 regarding a draft decision relating to Case COMP/39.793 — EPH and others — Rapporteur: Sweden
IO C 316, 19.10.2012, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
19.10.2012 |
EN |
Official Journal of the European Union |
C 316/5 |
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 12 March 2012 regarding a draft decision relating to Case COMP/39.793 — EPH and others
Rapporteur: Sweden
2012/C 316/03
1. |
The Advisory Committee agrees with the Commission’s qualification of the two incidents relating to the handling of e-mails as a refusal to submit to an inspection according to Article 23(1)(c) of Regulation (EC) No 1/2003. |
2. |
The Advisory Committee agrees with the Commission that the infringement of Article 23(1)(c) of Regulation (EC) No 1/2003, i.e. the refusal to submit to the inspection, was committed negligently with regard to the unblocking of an e-mail account and intentionally with regard to the diversion of incoming e-mails. |
3. |
The Advisory Committee agrees with the Commission’s assessment that the two incidents relating to the handling of e-mails constitute a single infringement. |
4. |
The Advisory Committee agrees with the Commission that Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. are each liable for the infringement. |
5. |
The Advisory Committee agrees with the factors taken into account when calculating the level of the fine for Energetický a průmyslový holding a.s. and EP Investment Advisors, s.r.o. pursuant to Article 23(1)(c) of Regulation (EC) No 1/2003. |
6. |
The Advisory Committee agrees with the actual level of the fine proposed by the Commission. |
7. |
The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. |