3.2.2020

Official Journal of the European Union

C 36/19

(Case C-857/19)

(2020/C 36/24)

Language of the case: Slovak

Referring court

Parties to the main proceedings

Applicant: Slovak Telekom a.s.

Defendant: Protimonopolný úrad Slovenskej republiky

Questions referred

A question concerning the interpretation of the first sentence of Article 11(6) of Council Regulation (EC) No 1/2003 (1) of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty:

1.Does the phrase ‘shall relieve the competition authorities of the Member States of their competence to apply Articles 81 and 82 of the Treaty’ (2) mean that the authorities of the Member States lose their powers to apply Articles 81 and 82 of the Treaty?

2.Does Article 50 (Right not to be tried or punished twice in criminal proceedings for the same criminal offence) of the Charter of Fundamental Rights of the European Union, proclaimed in Nice on 7 December 2000, also apply to administrative offences consisting of the abuse of a dominant position within the meaning of Article 102 of the Treaty on the Functioning of the European Union for which the Commission and the authority of a Member State have imposed sanctions separately and independently in the exercise of their powers under Article 11(6) of Council Regulation (EC) No 1/2003 of 16 December 2002?

(1) OJ 2003 L 1, p. 1.

(2) [in the first sentence of Article 11(6) of Council Regulation (EC) No 1/2003]