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S.L. 379.11 · Mutual Assistance Between National (S.L. 379.11)

S.L. 379.11 Art. 6Requests for the service of preliminary objections and other documents. Cap. 12.

In KraftAmtlicher Text

(1) When acting as the requested authority, the Office shall at the request of the applicant authority, cause the following documents to be served on the addressee on behalf of the applicant authority, by attaching the documents to be served to a judicial letter filed in the Registry of the Superior Courts:

(a) any preliminary objections relating to an alleged infringement of Articles 101 and, or 102 of the TFEU and any decisions applying those articles;

(b) any other procedural act adopted in the context of enforcement proceedings which should be notified in accordance with the national law of the applicant authority; and

(c) any other relevant documents related to the application of Articles 101 and, or 102 of the TFEU, including documents which relate to the enforcement of decisions imposing fines or periodic penalty payments.

(2) The provisions of the Code of Organization and Civil Procedure shall apply mutatis mutandis to the mode of service referred to in the preceding sub-regulation.

(3) The Office shall keep a record and a copy of all requests and of all acts or documents to which this regulation applies, and shall promptly inform the applicant authority whenever a service is effected or whenever a difficulty is identified or encountered in connection with the service, and of any further action taken following the service.

(4) The provisions of sub-regulations (1) and (2) shall be without prejudice to any other form of notification made by an applicant authority of the applicant Member State in accordance with the rules in force in that Member State.

(5) Where the Office acts as the applicant authority, it may request the requested authority of another Member State, to notify to the addressee on its behalf, the following acts or documents:

(a) any preliminary objections as contained in the sworn application and, or in the report in terms of article 12A of the Act or in the joint application in terms of article 12B of the Act or the application and, or any related document in terms of article 15 of the Act, relating to an alleged infringement of Articles 101 and, or 102 of the TFEU and any decisions of the Office or Court applying those articles;

(b) any procedural act adopted in the context of enforcement proceedings which should be notified in accordance with Maltese law; and

(c) any other relevant documents related to the application of Articles 101 and, or 102 of the TFEU including documents which relate to the enforcement of decisions imposing penalties or periodic penalty payments adopted by the Court.