The Gazette 1973

can be punished later on if they continue their violation of Art. 85 after the receipt of that notice. (2) Up to now, the Commission has imposed fines in three cases under Art 15(2) namely (1) the Quinine Case, where the total fine amounted to 435.000 Ac- counting Units (2) the Tar Color Case where the Commission imposed fines of 50.000 Accounting Units each and one of 40.000 Accounting Units, and (3) the Sugar Case where fines amounting to 9 million Ac- counting Unites were imposed on 16 enterprises. (3) It must be noted that there is no limitation period stated in Regulation 17 for imposing these fines. The Commission has suggested to modify the Regula- tion 17 and to introduce a time-limit of 5 years with regard to violations of Art. 85 EEC Treaty. (4) The Commission's procedure is approximately the same as that dealing with the notification of agree- ments. The Commission first serves on the companies concerned a notice specifying the detailed points of complaint. The companies can comment upon this. The Commission is entitled to request information from the enterprises, to visit their premises and to inspect their books and records. (5) An appeal against the fine may, by virtue of Art. 17 Regulation 17 be filed with the European Court within two months. The Court may either diminish or increase the fine according to the circumstances. V (1) It cannot be stressed too much that European cartel law is directly applicable in all Member States. (2) If, however, agreements concluded prior to the coming into force of Regulation 17 have become pro- visionally valid by due notification, the courts cannot declare them void under EEC cartel law. A national court is compelled to allow the complaint of a party who sues for performance of such an agreement. In such cases, the other party will inform the Commission of this procedure immediately, in order that it will declare the agreement void. (3) Non-notifiable agreements concluded prior to the coming into force of Regulation 17 can be declared void by a national court only with effect for the future. With regard to the past it must be adjudged that the defendant did perform the agreement. (4) As to all remaining cases the national court has to observe the nullity of the agreement under Art. 85(2) EEC Treaty. (According to the 2nd de Haecht judgment of 6 February 1973 this applies to all "new agreements" concluded after the coming into force of Regulation 17, irrespective of whether they have been notified or exempted from notification.) cular occasion, it will then be a matter for the parties attending the Centre to consult their own usual legal adviser. A spokesman for the association empha- sised that the members in attendance on any particular night will not be attached to the same legal firm. The Cork free legal advice bureau, opened in 1969, has found that by far the greater number of enquiries are in relation to landlord and tenant and property cases, with criminal cases, marital problems and hire- purchase troubles coming next. Ninety-five per cent of their clients come from working-class areas, and about 15 per cent have to be re-directed to solicitors because of the technical nature of the problem. Meath Chronicle (19 May 1973) 172

to raise their objections within a prescribed period (Art. 19(3) Regulation 17). Before reaching a decision, the Commission must hear the Advisory Committee on Cartels and Mono- polies, and there is a representative of each Member State on this Committee (Art. 10(4) of Regulation 17). Unless new facts arise, the Commission will then grant either a Negative Clearance or an Exemption. According to Art. 8 of Regulation 17, an exemption is only granted for a fixed period, but it may be extended. It can be subject to specified conditions. (7) If the Commission decides, mostly after un- official discussions with the companies concerned, that the agreement does violate European cartel law, and that no exemption can be granted, then, by virtue of Art. 2(1) Regulation 99/63, the companies are in- formed in writing of the so-called points of complaint. A minimum of 2 weeks is granted to the companies to lodge a written reply, in which, by virtue of Art. 3 and 7 Regulation 99/63, they may submit new evidence, or apply for an oral hearing. At any time during the course of the procedure, the companies may negotiate with the Commission alterations in their contract, in order to conform with EEC law. Otherwise the decision of the Commission will state that the agreement violates Art. 85(1) EEC Treaty and that exemption under Art. 85(3) is refused. III The Commission may, by virtue of Art. 3 Regulation 17, compel the companies concerned to terminate viola- tions of Art. 85 and 86 of the Treaty. The Com- mission will act thus, if the companies concerned practise a notifiable cartel without having informed the Commission or if they are alleged to have exploited abusively a dominant position. IV (1) The Commission may also, by virtue of Art. 15(2) Regulation 17, impose fines in case of wilful and negligent violations of Art. 85 or 86 EEC Treaty. The fines may be between one thousand and one million Accounting Units (1 Accounting Unit is about 50 pence) or, beyond this amount, up to 10 per cent of the turnover achieved by the individual company during the last business year. No fines can be imposed if the parties live up to an agreement which has been notified in Brussels. However, under Art. 15(6) of Regulation 17, if the Commission informs the companies that, after preliminary examination, it considers that the agree- ment does violate European cartel law and that pro- bably no exemption will be granted, the enterprises practise the respective agreement at their own risk. They FREE LEGAL ADVICE BUREAUS Meath Solicitors' Association is to establish a free legal advice bureau and two members will sit in the Com- munity Centre, Navan, from 8 p.m. to 10 p.m. each Wednesday, commencing Wednesday next. The service will be extended to other towns in the county should the demand and the necessity arise. The purpose of the scheme is to provide a free source of legal advice regarding social, domestic or other prob- lems. No actual work will be undertaken by the two solicitors at the centre. Their function is to advise without making any charge for the service provided. Should it transpire that any actual legal work arises from the problems presented, or the advice given by the members of the profession involved, on any parti-