Waiver of the recovery of fines Preparation

Preparation of the decision to waive the recovery of fines

The case-team has to prepare a draft decision waiving recovery of the fine. Such a decision must be substantiated and refer to the diligence exercised to secure recovery and the points of law and fact on which the waiver is based (Article 87(3) of the Implementing Rules). The decision should contain a short review of the case and the decision of the Commission imposing the fines, and make a summary of DG Budget's and the Legal Service's efforts to recover the fine. It should also contain a reasoning why the conclusion is justified that the Commission, in accordance with the principles of proportionality and of sound financial management, decide to waive the recovery of the fine in question (in accordance with Articles 73 of the Financial Regulation and Article 87 1 (b) of the Implementing rules on the recovery of fines).

More about Waiver of the recovery of fines Preparation

The decision has only two Articles in the operative part: Article 1 stating that “the European Commission hereby waives the recovery of the amount of the fine of EUR XXX imposed on that company” and Article 2 stating that “the Director-General of DG Competition, acting as the competent authorising officer by delegation, is hereby authorised to draw up a negative recovery order for the amount mentioned in Article 1 and to record it in the general accounts of the European Commission”.

More about the Subject

A waiver decision could refer to the whole or to only one part of the fine imposed which remains unpaid (for instance, the company may have already paid a part of the fine; only the recovery of the remainder – and of the default interests – would then be waived).

Resources

See Also

References

• Information about Waiver of the recovery of fines Preparation in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Waiver of the recovery of fines Preparation in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)