S.L. 379.11 Art. 7Requests for the enforcement of decisionsimposing fines, penalties or periodic penalty payments. Cap. 12.

(1) At the request of the applicant authority, where the

Office acts as the requested authority, it shall file a sworn application requesting the Court to enforce any final decision imposing a fine or periodic penalty payments adopted in accordance with Articles 13 and

16 of the Directive by the applicant authority:

Provided that this sub-regulation shall apply only to the extent that, after having made reasonable efforts in its own territory, the applicant authority has ascertained that the undertaking or association of undertakings against which the fine or periodic penalty payment is enforceable does not have sufficient assets in the Member State of the applicant authority to enable recovery of such fine or periodic penalty payment.

(2) For cases not covered by the preceding sub-regulation, in particular cases where the undertaking or association of undertakings against which the fine or periodic penalty payment is enforceable is not established in the Member State of the applicant authority, where the Office acts as the requested authority, it may, where the applicant authority so requests, file a sworn application requesting the Court to enforce a final decision imposing a fine or periodic penalty payment adopted in accordance with Articles 13 and 16 of the Directive by the applicant authority:

Provided that paragraph (d) of regulation 8(3) shall not apply for the purposes of this sub-regulation.

(3) Without prejudice to the provisions of regulation 8, a final decision delivered by a national competition authority of another Member State, as referred to in sub-regulations (1) or (2) of this regulation, shall be enforceable by the Court in the same manner as a judgement delivered by that Court imposing a penalty or a periodic penalty payment pursuant to article 21 of the Act, and the provisions of the Code of Organization and Civil Procedure shall mutatis mutandis apply to the said decision.

(4) The Office, where it acts as the applicant authority, may request a requested authority to enforce a final decision imposing a penalty or periodic penalty payment adopted pursuant to article 21 of the Act where, after having made reasonable efforts, the Office has ascertained that the undertaking or the association of undertakings against which the penalty or periodic penalty payment is enforceable does not have sufficient assets in the territory of Malta to enable the recovery of such penalty or periodic penalty payment.

(5) For cases not covered by the preceding sub-regulation, in particular cases where the undertaking or association of undertakings against which the penalty or periodic penalty payment is enforceable is not established in Malta, the Office, where it acts as the applicant authority, may request the requested authority, to enforce a final decision imposing a penalty or periodic penalty payments adopted pursuant to article 21 of the Act:

Provided that point (d) of regulation 8(3) shall not apply for the purposes of this sub-regulation.

(6) Limitation periods for the enforcement of fines, penalties, or periodic penalty payments according to this regulation shall be governed by the national law of the Member State of the applicant authority.