The German Federal Constitutional Court rules that the statutory imposition of interest on cartel fines is in compliance with the German constitution (Industrial insurers)

According to Sec. 81 (6) of the German Act against Restraints of Competition ("ARC") interests are payable on fines imposed on legal persons and associations of persons in an administrative order of the German Federal Cartel Office ("FCO").In its decision of May 2011 the Higher Regional Court of Düsseldorf doubted whether the provision would be in compliance with the German Constitution and thus submitted this question to the German Federal Constitutional Court (in the following "the BVerfG" – Bundesverfassungsgericht) [1]. The BVerfG now ruled in its decision of 19 December 2012, which was only published by the end of January 2013that the statutory imposition of interest is consistent with the Basic Law of the Federal Republic of Germany (in the following "Basic Law") [2]. According to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Commeo (Frankfurt)

Quotation

Isabel Oest, The German Federal Constitutional Court rules that the statutory imposition of interest on cartel fines is in compliance with the German constitution (Industrial insurers), 19 December 2012, e-Competitions December 2012, Art. N° 51095

Visites 132

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues