[eu]cite

Home› Competition & Unfair Trade Practices› GWB (EN)

Part 3 · Proceedings  ›  Division 1 · Proceedings Before the Competition Authorities › Section 61

Completion of the Proceedings, Reasons for the Decision, Service

(1) Decisions of the competition authority shall contain a statement of reasons and be served upon the parties together with information as to the available legal remedies in accordance with the provisions of the German Act on Service in Administrative Procedure [Verwaltungszustellungsgesetz]. Section 5(4) of the German Act on Service in Administrative Procedure and Section 178(1) no 2 of the German Code of Civil Procedure shall apply mutatis mutandis to undertakings and associations of undertakings as well as to contracting entities within the meaning of Section 98. Decisions directed at undertakings with their registered seat outside the scope of application of this Act shall be served by the competition authority upon the person resident or domiciled in Germany who was named by the undertaking to the Bundeskartellamt as authorised to accept service. If the undertaking has not named a person authorised to accept service and if it is not possible to effect service pursuant to Section 50b upon undertakings or associations of undertakings having their registered seat within the European Union or if there are doubts as to the success of the service, the competition authority shall serve the decisions by way of publication in the Federal Gazette.

(2) If proceedings are not completed by way of a decision served upon the parties pursuant to subsection (1), the parties shall be informed of the completion of the proceedings in writing or electronically.

(3) Decisions of the competition authority pursuant to Section 30(3), Section 31b(3), Sections 32 to 32b and Section 32d shall be published in the Federal Gazette. Decisions pursuant to Section 32c(1) may be published by the competition authority.

←→ also move between sections