17 février 2022
Franchise and distribution - February 2022 – 4 de 6 Publications
In Slovakia, the current regulation concerning foodstuffs stipulates that Veterinary and Food Admin-istration Authority (the “Authority”) shall impose the minimum fine in the amount of EUR 1,000,000 on undertaking offering foodstuff (e.g. supermarket retailer) if it commits certain infringement for which it has already been fined twice within specific time periods. Such an infringement might consist for instance in offering rotten pears or other food in the same retail chain for which the fine has already been imposed by the Authority twice.
As to the range of fines for the first and third infringement of the same type, the minimum fine for the third one is thousand times higher than that for the first one which is in the amount of EUR 1,000. Such legislation basically strips the Authority of its discretionary powers to take account of specific circumstances of each infringement such as its gravity, duration and implications; it is obliged to impose the minimum fine of EUR 1,000,000 provided it has proved the third infringement even though the regulation says that the Authority shall consider those variables when imposing the fine.
Since 2014 the Authority has imposed the minimum fine of EUR 1,000,000 in a couple dozen cases which were subsequently challenged before the Slovak courts and most of which are currently sus-pended because the legality of the regulation in question is being reviewed by the Slovak Constitu-tional court. It is argued that the regulation unlawfully intervenes with the constitutional rights of un-dertakings concerned to own property and right to carry out business activity.
Our latest Franchise and Distribution insights across Europe
17 February 2022
Our latest Franchise and Distribution insights across Europe
17 February 2022
Our latest Franchise and Distribution insights across Europe
17 February 2022
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Our latest Franchise and Distribution insights across Europe
17 February 2022
Our latest Franchise and Distribution insights across Europe
17 February 2022
par plusieurs auteurs
Our latest Franchise and Distribution insights across Europe
17 February 2022
par plusieurs auteurs
par plusieurs auteurs
par plusieurs auteurs
par plusieurs auteurs