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Regulation (EU) No 1173/2011 CHAPTER III — RIGHT OF DEFENCE AND CONFIDENTIALITY

Article 9–Article 12 · 4 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Right of defence

Article 9

The principle of the right of defence shall apply to any implementation of this Decision.

Access to the file

Article 10

The Member State concerned shall have the right, on request, to access all documents and other factual materials compiled by the Commission which could serve as supporting evidence for the recommendation to the Council to impose the said Member State a fine. Documents obtained by the Member State concerned through access to the file shall be used solely for the purposes of this Decision.

Legal representation

Article 11

The Member State concerned, any entity concerned, any person working for such an entity or any other natural person concerned shall have the right to legal representation during the investigations.

Confidentiality and professional secrecy

Article 12

The investigations set out in Chapter II shall be conducted subject to the principles of confidentiality and professional secrecy. The Commission officials and other accompanying persons authorised by the Commission shall not disclose information that is acquired in the framework of the investigation which is covered by the obligation of professional secrecy and confidentiality. Documents or information obtained by the Commission in the course of the investigations shall be used solely for the purposes of this Decision.

Back to Regulation (EU) No 1173/2011 — full text

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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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