The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers)

Fessenko, Dessislava

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11 Jun 2009

The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers)

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Reference

Supreme Administrative Court, Chamber of the design engineers, Judgment n° 7732, Case n° 4468/2009, 11 June 2009 (Bulgarian)

The Bulgarian Supreme Administrative Court (the “SAC”) annulled [1] the first decision [2] of the Bulgarian Commission for the Protection of Competition (the “CPC”) declaring domestic statutory provisions incompatible with Articles 3(1)(g) and 10 in conjunction with Article 81 of the EC Treaty and that they must no longer be applied [3]. The annulment was grounded on the application of the principles of separation of powers and national procedural autonomy. In particular, it was held that the CPC, as an administrative authority, lacked competence to declare national legislation incompatible with Community law but might only disapply it. How and when such legislation would be in fact proclaimed incompatible and rescinded was considered a matter of national procedural autonomy and,

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Author

Dessislava Fessenko
Kinstellar (Sofia)

Bulgaria 32 contributions 85807 visits

Quotation

Dessislava Fessenko, The Bulgarian Supreme Administrative Court quashes an NCA decision applying Art. 3.1.g and 10 in conjunction with Art. 81 EC on grounds of separation of powers and national procedural autonomy (Chamber of the design engineers), 11 June 2009, e-Competitions June 2009, Art. N° 29703

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