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79/670/EEC: Commission Decision of 6 July 1979 on an investigation pursuant to Article 14 (3) of Regulation No 17 into AM & S Europe Ltd, Bristol (Dossier IV/AF 379) (Only the English text is authentic)

79/670/EEC: Commission Decision of 6 July 1979 on an investigation pursuant to Article 14 (3) of Regulation No 17 into AM & S Europe Ltd, Bristol (Dossier IV/AF 379) (Only the English text is authentic)

Decision · 5 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

AM & S Europe Ltd is hereby required to submit to an investigation at its premises at Bristol and Avonmouth. It is required in particular to allow the Commission officials responsible for the investigation to enter its premises during normal office hours and to produce for examination the business records required by those officials which are in whole or in part connected with the subject of the inquiry, in particular: (a) all files, correspondence, telexes, internal memos and any other business records, from 1971 to date, relating to: the Zinc Producer Group, the Zinc Producer Group meetings, the Zinc Producer Price, the Zinc Steering Committee, (1)OJ No C 188, 7.8.1978, p. 31. Société Générale des Minerais SA, Compagnie Royale Asturienne des Mines SA, Société des Mines et Fonderies de Zinc de la Vieille Montagne SA, Société Minière et Métallurgique de Penarroya SA, Metallgesellschaft AG, Preussag AG, Billiton International Metals BV, Adena Metal SA, Zurich. A copy of Mr Gordon Holloway's letter of 1 July 1971 to Metallgesellschaft AG, Frankfurt, referred to in the letter of Herr F. von Dallwitz (Metallgesellschaft) of 9 July 1971 to Mr Holloway, and all previous agreements, correspondence, telexes, internal memos and any other business records relating to both letters; (b) all documents for which legal privilege is claimed, as listed in the appendix to AM & S Europe Ltd's letter of 26 March 1979 to the Commission; (c) the complete texts of all documents of which certain passages or words have been deleted in the photocopies sent to the Commission, mentioned in AM & S Europe Ltd's letter of 26 March 1979 to the Commission and set out in the statutory declaration of Mr G. D. Child of 5 April 1979.

Article 2

The investigation shall be carried out at the premises of AM & S Europe Ltd at Bristol and Avonmouth and shall begin on or after 9 July 1979.

Article 3

This Decision is addressed to AM & S Europe Ltd, 1, Redcliff Street, Bristol, England. It shall be notified to the undertaking by being served immediately before the investigation is to commence by the Commission's officials authorized for the purposes of the investigation. Proceedings against this Decision may be instituted before the Court of Justice of the European Communities in Luxembourg pursuant to Article 173 of the EEC Treaty. However, pursuant to Article 185, such proceedings do not have suspensory effect. Done at Brussels, 6 July 1979. For the Commission Raymond VOUEL Member of the Commission ANNEX Articles 15 and 16 of Council Regulation No 17 (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).

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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