1. If, before imposing a fine on an undertaking, the high authority gives that undertaking, by way of a registered letter, the opportunity to submit its comments pursuant to article 36 of the treaty, the statement contained in that letter becomes fully effective as soon as the postal employee delivers that letter in due course to an employee of the undertaking at its registered office, the effect of which is to bring the letter within the control of that undertaking
(Treaty, article 36).
2. The treaty is not infringed when the high authority determines the extent and manner of publication of price lists and conditions of sale, pursuant to article 60(2)(a) of the treaty, laying down, inter alia, that they shall be communicated to it, article 60(2)(a) must be viewed in this connexion as a special provision in relation to article 47
(Treaty, articles 47 and 60).
3. Article 64 also covers offences against decisions of the high authority regulating publication of prices and conditions of sale pursuant to article 60(2)(a)
Treaty, articles 60(2)(a) and 64.
4. If a decision of the high authority imposing a fine is the subject-matter of an action, the court is empowered not only to annul but also to amend the decision taken, by reducing the amount of an excessive fine, since this is an action in which the court has unlimited jurisdiction. It has this power even in the absence of formal conclusions to that effect.
(Treaty, article 36).
Citations:
C-8/56, [1957] EUECJ C-8/56
Links:
European
Updated: 21 June 2022; Ref: scu.213743
