Regulation (EC) No 80/2009 of the European Parliament and of the CouncilDangos y teitl llawn

SECTION 6 U.K. INFRINGEMENTS AND PENALTIES

Article 13 U.K. Infringements

Where the [F1 CAA], acting on a complaint or on its own initiative, finds that there is an infringement of this Regulation, it may by decision require the undertakings or associations of undertakings concerned to bring such an infringement to an end. Investigations regarding possible infringements of this Regulation shall fully take into account the results of any [F2 investigation of matters covered by Chapters I or II of the Competition Act 1998].

Textual Amendments

F1 Word in Art. 13 substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 10(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 13 substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 10(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 14 U.K. Powers of investigation

In order to carry out the duties assigned to it by this Regulation, the [F3 CAA] may, by simple request or decision, require undertakings or associations of undertakings to provide all necessary information, including the provision of specific audits notably on issues covered by Articles 4, 7, 10 and 11.

Textual Amendments

F3 Word in Art. 14 substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 11; 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Fines

1. The [F4 CAA] may, by decision, impose on undertakings and associations of undertakings fines not exceeding 10 % of the total turnover in the preceding business year where, intentionally or negligently, they infringe this Regulation.

2. The [F5 CAA] may, by decision, impose on undertakings and associations of undertakings fines not exceeding 1 % of the total turnover in the preceding business year where, intentionally or negligently, they supply incorrect or incomplete information or do not supply information within the required time limit in response to a request made by a decision adopted pursuant to Article 14.

3. In fixing the amount of the fines, regard shall be had both to the gravity and to the duration of the infringement.

4. Fines shall not be of a criminal nature.

5. The [F6 High Court] shall have unlimited jurisdiction to review decisions whereby the [F7 CAA] has imposed a fine. It may cancel, reduce or increase the fine.

Textual Amendments

F4 Word in Art. 15(1) substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 15(2) substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 15(5) substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 12(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 15(5) substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 12(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Procedures

1. Before taking decisions pursuant to Articles 13 and 15, the [F8 CAA] shall issue to the undertakings or associations of undertakings concerned a statement of objections and give them an opportunity to submit their views in writing and, if they so request, at an oral hearing.

F9 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Where the [F8 CAA] considers that on the basis of the information in its possession there are insufficient grounds for acting on a complaint, it shall inform the complainant of its reasons and set a time limit within which the complainant may make known its views in writing.

If the complainant makes known its views within the time limit set by the [F8 CAA] and the written submissions made by the complainant do not lead to a different assessment of the complaint, the [F8 CAA] shall reject the complaint by decision. If the complainant fails to make known its views within the time limit set by the [F8 CAA], the complaint shall be deemed to have been withdrawn.

Where the [F8 CAA] issues a statement of objections, it shall provide the complainant with a copy of the non-confidential version and set a time limit within which the complainant may make known its views in writing.

4. If so requested, the [F8 CAA] shall grant access to the file to the parties to whom it has addressed a statement of objections and to the complainant. Access shall be granted after the notification of the statement of objections. The right of access to the file shall not extend to business secrets, other confidential information and internal documents of the [F8 CAA].

5. If the [F8 CAA] considers it necessary, it may hear other natural or legal persons.

Textual Amendments

F8 Word in Art. 16 substituted (31.12.2020) by The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 13(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 16(2) omitted (31.12.2020) by virtue of The Computer Reservation Systems (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1080), regs. 1(2), 13(b); 2020 c. 1, Sch. 5 para. 1(1)