The Bulgarian Supreme Administrative Court discusses in detail the legal consequences of failure to comply with the obligation to inform the EU Commission (Insurance Cartel)

Abstract: The case provides an useful illustration of the impact the national institutional and procedural autonomy principle may have on the present EU antitrust enforcement system. Indeed, since Regulation 1/2003 is directly applicable within the national legal orders and consequently the obligations under Article 11 (3) and (4) are part of the proceedings before the NCAs, their respect is controlled in the light of the national procedural laws, which may however considerably differ among the EU Member States. Thus, failure to inform the European Commission will suffice to annul the Bulgarian NCA's decisions only to the extent it constitutes a substantial violation of administrative procedure rules. But the interpretation given to this condition in the judgment raises the questions

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  • Paris Dauphine University

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Anton Dinev, The Bulgarian Supreme Administrative Court discusses in detail the legal consequences of failure to comply with the obligation to inform the EU Commission (Insurance Cartel), 13 July 2009, e-Competitions Due Process Research Program, Art. N° 30028

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