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Constitutional Court of the Slovak Republic rejected the request of company Slovnaft in the matter of objected unconstitutionality of the judgement of the Supreme Court of the Slovak Republic
Content
The Constitutional Court of the Slovak Republic rejected arguments of the company Slovnaft, a.s. („Slovnaft“), according to which the Supreme Court of the Slovak Republic („SC SR“) in the case of Slovnaft deviated from the previous case law on punishment under the general clause.
In April 2013 SC SR delivered a judgement in the matter of Slovnaft, a.s. versus the Antimonopoly Office of the Slovak Republic („the Office“), which upheld the Office´s decision imposing on Slovnaft the fine of more than 9 mil. EUR. The anticompetitive conduct of Slovnaft was grounded in abuse of its dominant position in the form of discrimination in in wholesale of petrol in Slovakia in the period from January 1, 2006 to December 31, 2006 and in wholesale of diesel in Slovakia from January 1, 2005 to December 31, 2006
Slovnaft filed a constitutional complaint against the judgement of SC SR objecting the infringement of right to judicial and other legal protection pursuant to the Article 46 par. 1 and 2 of the Constitution of SR and right to a fair trial pursuant to the Article 6 par. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to Slovnaft the judgement was not sufficiently justified in terms of diversion from the previous practice. In its decision the Constitutional Court of SR observed that although the Supreme Court actually deviated from the legal opinions of other panels of judges of SC SR in two earlier decisions, it consistently and extensively dealt with the reasons for diversion. The Constitutional Court concluded that the judgement of SC SR was constitutionally sustainable and the objections of company Slovnaft did not justify the verdict on infringement of the constitutional rights of Slovnaft.
The entire text of the Constitutional Court decision is available at (Slovak version only)
http://www.concourt.sk/SearchRozhodnutiav01/rozhod.do?urlpage=dokument&id_spisu=547750&slovo=protimonopolný
In April 2013 SC SR delivered a judgement in the matter of Slovnaft, a.s. versus the Antimonopoly Office of the Slovak Republic („the Office“), which upheld the Office´s decision imposing on Slovnaft the fine of more than 9 mil. EUR. The anticompetitive conduct of Slovnaft was grounded in abuse of its dominant position in the form of discrimination in in wholesale of petrol in Slovakia in the period from January 1, 2006 to December 31, 2006 and in wholesale of diesel in Slovakia from January 1, 2005 to December 31, 2006
Slovnaft filed a constitutional complaint against the judgement of SC SR objecting the infringement of right to judicial and other legal protection pursuant to the Article 46 par. 1 and 2 of the Constitution of SR and right to a fair trial pursuant to the Article 6 par. 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. According to Slovnaft the judgement was not sufficiently justified in terms of diversion from the previous practice. In its decision the Constitutional Court of SR observed that although the Supreme Court actually deviated from the legal opinions of other panels of judges of SC SR in two earlier decisions, it consistently and extensively dealt with the reasons for diversion. The Constitutional Court concluded that the judgement of SC SR was constitutionally sustainable and the objections of company Slovnaft did not justify the verdict on infringement of the constitutional rights of Slovnaft.
The entire text of the Constitutional Court decision is available at (Slovak version only)
http://www.concourt.sk/SearchRozhodnutiav01/rozhod.do?urlpage=dokument&id_spisu=547750&slovo=protimonopolný