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)

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 How and when such legislation would be in fact proclaimed incompatible and rescinded was considered a matter of national procedural autonomy and,

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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 Effect on interstate trade, Art. N° 29703

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