Правният интерес на третите лица при съдебния контрол върху концентрациите на предприятия, според Правото на ЕС и българското право
Автори:
Юлия
Тодорова
Административен съд – София-град, България
Страници:
202-
210
Резюме:
The Judicial review of administrative decisions concerning concentrations, has an essential part
of the legal regime, which regulates competition. The specific legal provisions concerning EU merger control are
contained in the Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between
undertakings (ECMR). The Regulation deals with concentrations which have a Community dimension. Those
without such a dimension, fall under the scope of national law of the Member State. Judicial issues cover the inter –
relationship between merger control at EU and national level 1.
Article 21, para. 4 of ECMR allows Member States to take appropriate measures to protect legitimate
interests other than those taken into consideration by the Regulation and compatible with the general principles of
Community law.
The third parties, who are affected by the concentration, have the right to be heard and to challenge before
the court the administrative decision, if they are directly and individually affected by the administrative act.
The present article provides useful information of the Court’s approach to judicial review in the context of relevant
judgements of Court of Justice of the European Union, General court and Bulgarian Supreme Administrative Court.
Ключови думи:
concentration, third parties rights of appeal, Regulation 139/2004, merger control, undertaking.
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