European Community Competition Procedure

By Luis Ortiz Blanco | Go to book overview

12

Steps Following the Adoption of a Formal Decision

section I: MONITORING OF FORMAL DECISIONS

The Commission's activity does not cease with the adoption of formal decisions in matters referred to it for examination. Both for infringement decisions and exemption decisions, the Commission monitors developments in particular cases to ensure that the requirements of its decisions are complied with.

In the case of infringement decisions -- with the exception of purely declaratory decisions without pecuniary penalties -- the Commission collects the fines and checks that its notices and orders, and the undertakings' obligations under its decision, are complied with.

In the case of exemption decisions, the Commission monitors on its own initiative both the fulfilment of any obligations and conditions which may have been attached to the exemption and, in general, continuing fulfilment of the requirements of Article 8(3) throughout the currency of the exemption.1 Negative clearance decisions do not, in principle, require specific monitoring by the Commission.


(A)
Infringement Decisionse

1. Collection of Fines and Periodic Penalty Payments

(a)
Voluntary payment

Details were given earlier, in connection with the content and structure of infringement decisions, and fines and periodic penalty payments imposed by the Commission, of how the Commission describes in minute detail in its decisions the way in which such pecuniary penalties are to be paid. The Commission not only fixes a sum in ECU which can be converted into national currency at the rate ruling on the day before payment, but also indicates the bank account into which the payment is to be made, and the period of grace during which the fine will not attract default interest. It was also explained that the Commission may, in response to an application from undertakings, in exceptional cases grant payment facilities, which may consist basically in the deferred payment of one or more instalments of the amount of the fine or scheduling of the periodic penalty

____________________
1
On this point, see above, Ch. 11.I.D. regarding the withdrawal and amendment of individual exemptions.

-312-

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