79/253/EEC: Commission Decision of 31 January 1979 relating to an investigation on the basis of Article 14 (3) of Council Regulation No 17 at the undertaking Fides, Milan (Case AF/IV/372) (Only the Italian text is authentic)

• Articles: 5

Article 1

Fides, Unione Fiduciaria, Spa, headquarters in Milan, is hereby required to submit to investigations at its premises. It shall also be required, in particular, to allow the Commission officials responsible for the investigation to enter its premises during normal office hours and produce for examination the books and papers required by those officials and pertaining to the object of the enquiry.

Article 2

The investigations shall be made at the premises of Fides, Milan, from 5 February 1979.

Article 3

This Decision is addressed to Fides, Unione Fiduciaria, Spa, Milan. It shall be notified immediately before the investigations are to begin by direct delivery by the Commission officials responsible for the investigation.

An action may be brought before the Court of Justice of the European Communities, Luxembourg, to have this Decision reviewed pursuant to Article 173 of the EEC Treaty. Pursuant to Article 185 of that Treaty, such action does not have suspensory effect.

Done at Brussels, 31 January 1979.

For the Commission

Raymond VOUEL

Member of the Commission

ANNEX Articles 15 and 16 of Council Regulation No 17 (published in Official Journal of the European Communities No 13 of 21 February 1962, page 204)

Article 15

1. The Commission may by decision impose on undertakings or associations of undertakings fines of from 100 to 5 000 units of account where, intentionally or negligently: (a) ...;

(b) ...;

(c) they produce the required books or other business records in incomplete form during investigations under Article 13 or 14, or refuse to submit to an investigation ordered by decision issued in implementation of Article 14 (3).

Article 16

1. The Commission may by decision impose on undertakings or associations of undertakings periodic penalty payments of from 50 to 1 000 units of account per day, calculated from the date appointed by the decision, in order to compel them: (a) ...;

(b) ...;

(c) ...;

(d) to submit to an investigation which it has ordered by decision taken pursuant to Article 14 (3).