The Court of Appeal upheld the decision issued by the President of UOKiK as regards imposing a fine on Carrefour. The undertaking failed to fulfil the condition imposed and connected with the takeover of Ahold – the entity did not sell two trading centres in the specified time

The Court judgement regards decision issued in June, 2007. Carrefour was granted then a consent to take control over Ahold on condition that by the end of 2008 it would divest of rights to nine shops as specified in the decision. Unfortunately, the undertaking failed to meet the requirement in due time. Two centres - Champion in Grodzisk Mazowiecki and Albert in Jaworzno were sold nearly a month overdue as compared to the time allowed by the Office and accepted by Carrefour. For this reason, in the year 2009 the President of UOKiK imposed on the company a fine amounting to PLN 542 412. According to the Act on competition and consumer protection, a maximum financial sanction in such a case can be the equivalent of EUR 10 thousand for each day of delay in executing the decision.

The undertaking enjoyed its right and appealed against the decision. Consequently, the courts of higher instances sustained the decision by the President of UOKIK. In October 2011, the Court of Competition and Consumer Protection, and on 17 May 2012 the Court of Appeal dismissed the whole appeal of Carrefour. In the statement of reasons to the decision, pronounced by the court, it was stated that the condition was clearly specified and the company was fully aware it was expected to fulfil the requirement. Furthermore, the court sustained the imposed financial penalty corresponds with the gravity of infringement.

Today’s court ruling means the decision concerning imposing a fine on Carrefour is final.

Additional information for the media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Phone: +48 22 55 60 106
Fax: +48 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]