Decision 781/2022 | |
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File (PDF) | Decision 781/2022 |
Date of Issuance of Decision | June 15th, 2022 |
Issue Number of Government Bulletin | |
Relevant Market | Μanagement and exploitation of intellectual property rights of authors in Greece |
Subject of the Decision | By its Decision no. 527/2016, the Administrative Court of Appeal of Athens referred the above case back to the Hellenic Competition Commission for review, according to article 9 of Law 703/1977, in so far as it concerns the establishment of infringements under article 2 of L. 703/1977 |
Legal Framework | Article 9 par. 1 and 2 of L. 703/1977 |
Operative part of the Decision | The Hellenic Competition Commission found that in the light of the applicable article 25 B par.1 of L. 3959/2011 on the ceiling of fines provided for by law (as a more favorable provision), the fine imposed on the Hellenic Society for the Protection of Intellectual Property (AEPI) is zero, and that the imposition of other administrative measures pursuant to article 9 par. 1 of Law 703/1977 is regarded as irrelevant. |
Company(ies) concerned |
1) GREEK COMPOSERS’ UNION and natural persons |
Summary of Decision |
Summary of Decision The Hellenic Competition, Commission (HCC) meeting in Chamber, unanimously held that the declaration of AEPI’s bankruptcy does not per se exclude the capacity of the HCC to impose, after the declaration of bankruptcy, as well as in the course of the bankruptcy proceedings, sanctions for breaches of competition law which relate, as in this case, to a period prior to the declaration of bankruptcy, during which the above undertaking was active and the facts underlying the infringement occurred. However, in view of the current stage of the bankruptcy proceedings, it is estimated that it would be impossible to collect any fine that might be imposed on AEPI pursuant to article 9 par. 1 of Law 703/1977. |
Judicial Means | - |
Decisions by the Court of Appeal of Athens (Administrative Division) | - |