*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The texts are formal: the Competition Authority (Adlc) imposes financial penalties, the European Commission fines. And although Article 23(5) of Regulation 1/2003 specifies that the decisions imposing these fines are not of a criminal nature, this is a Community semantic originality. It is not so much more unfortunate than providing evidence, instead of providing proof, in the presentation of the "methodology", which is only that of the "method for setting fines" proposed by the 2006 guidelines. In domestic law, it is quite clear that pecuniary penalties have not been qualified as fines, precisely for the purpose of distinguishing them from criminal
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FOREWORD : REDUCTION OF FINANCIAL SANCTIONS - COURT OF APPEAL OF PARIS - RELATIONSHIPS BETWEEN THE AUTHORITY AND THE JUDGE OF APPEAL - COMMUNITY LAW AND PRACTICE
Financial sanction or fine?
The ruling of the Paris Court of appeal in the steel cartel case raises one more time an irritating phenomenon of French competition law : the substantial reduction by the Court of appeal of financial sanctions imposed by the Competition Authority. Such a state must cease as it leads to fuzzy relationships between the Authority and the judge of appeal with regards to fine mitigating. Due regard should be given to Community law and practice in order to establish more balanced positions with better considerations for all interessed parties.
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