Thursday, 25 July 2013 08:29

Decision 570/2013

Decision on the application of article 39 of L.3959 / 2011, as in force, for obstruction of an investigation during an on-site inspection by employees of the General Directorate of Competition at the offices of the Association under the name “Association of Greek Security Companies» on 21.3.2012.

Decision 570/2013
File (PDF) Decision 570/2013
Date of Publication of Decision July 25th, 2013
Issue Number of Government Bulletin
Relevant Market

Purchase of security services

Subject of the Decision

Obstruction of an investigation during the on-site inspection by employees of the General Directorate of Competition, pursuant to article 39 of Law 3959/2011, as in force.

Legal Framework

Art.39 L.3959/2011

Operative part of the Decision

Finding of infringement and imposition of a fine

Complainant(s)

Ex-officio investigation

Company(ies) concerned

Association of Greek Security Companies

Summary of Decision

The case examines the obstruction of an on-the-spot inspection carried out by authorized officials of the General Directorate of Competition in the context of an ex-officio investigation following a complaint regarding the market for the provision of security services, to examine possible violation of competition law in that market. In the context of this investigation, it was deemed necessary to conduct unannounced inspections (dawn raid) in various companies as well as at the premises of the "Association of Greek Security Companies" (hereinafter "the Association"). The dawn raid was carried out and completed by two teams of officials of the Authority with the assistance of a competent Public Prosecutor in accordance with paragraph 6 of article 39 L. 3959/2011, since no representative of the Association was present neither arrived, in the site of the inspected premises throughout the inspection in order to accept the inspection and facilitate its conduct. 

It is noted that this case is irrelevant to the ex-officio investigation concerning possible infringement of the provisions of article 1 of Law 703/1977 (now article 1 of Law 3959/2011) and article 101 TFEU. Instead, it is based on the provisions of article 26 of L. 703/77 (now article 39 of L. 3959/2011) about obstruction of investigation based on incidents that took place in the context of the dawn-raid.

The HCC in plenary decided unanimously the following:

1. Τhe Association of Greek Security Companies violated article 39 par. 5 of Law 3959/2011, and

2. Imposes on the Association of Greek Security Companies a fine of fifteen thousand (15,000€) euros for the violation of article 39 par. 5 of Law 3959/2011

Judicial Means FinalNo judicial proceedings.
Decisions by the Court of Appeal of Athens (Administrative Division) -
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