Tag: Preliminary Draft Decision
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Transmission to the Hearing Officer
Transmission to the Hearing OfficerA copy of the draft Article 10 Decision has to be sent to the Hearing Officer in all cases in which a draft decision is being submitted to the Advisory Committee, because the Hearing Officer has to prepare a final report. Given that the Hearing Officer is …
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Preparation of the preliminary draft Article 10 Decision
Preparation of the preliminary draft Article 10 DecisionThe drafting of EU acts must comply with numerous formal rules, for reasons of legal certainty, clarity, precision, or simply uniformity and in order to comply with the duty to state reasons for EU acts. In general, the rules and guide…
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Preliminary Draft Decision Addressees
Preliminary Draft Decision: AddresseesThe decision is addressed to the undertaking(s) and/or associations of undertakings whose practices or agreements are examined and to which Articles 101 or 102 are found to be inapplicable.More about Preliminary Draft Decision AddresseesIn case…
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Preliminary Draft Decision Content
Preliminary Draft Decision: Content of Article 10 DecisionThe Article 10 Decision states that Article 101 TFEU is not applicable to an agreement, a decision by an association of undertakings or a concerted practice, either because the conditions of Article 101(1) are not fulfilled, or becau…
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Preliminary Draft Decision Motivation
Preparation of the preliminary draft Article 10 Decision: Motivation of a decisionAccording to Article 296 TFEU, Commission decisions must state the reasons on which they are based. Failure to give reasons for a decision can be sanctioned on the basis of Article 263 TFEU and could entail th…
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Decision finding inapplicability Effects
Decision finding inapplicability: Effects of Article 10 DecisionsAlthough an Article 10 Decision is declaratory in nature (as a corollary of the legal exception system), it is nonetheless capable of producing the legal effects laid down in Article 16 of Regulation 1/2003.More about Deci…