keyboard_tab Digital Market Act 2022/1925 EN
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- 1 Article 39 Cooperation with national courts
- 4 Article 50 Committee procedure
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- regulation 9
- shall 9
- commission 9
- committee 8
- decision 6
- article 5
- national_courts 5
- opinion 5
- application 4
- written 4
- request 3
- without 3
- under 3
- procedure 3
- observations 3
- where 3
- no / 3
- proceedings 3
- the 2
- reference 2
- made 2
- paragraph 2
- shall apply 2
- individual 2
- necessary 2
- national_court 2
- together 2
- make 2
- also 2
- within 2
- which 2
- judgment 2
- copy 2
- transmit 2
- parties 1
- possession 1
- questions 1
- concerning 1
- meaning 1
- member 1
- committee’ 1
- advisory 1
- markets 1
- digital 1
- them 1
- ‘the 1
- assisted 1
- states 1
- forward 1
- tfeu 1
Article 39
Cooperation with national_courts
1. In proceedings for the application of this Regulation, national_courts may ask the Commission to transmit to them information in its possession or its opinion on questions concerning the application of this Regulation.
2. Member States shall forward to the Commission a copy of any written judgment of national_courts deciding on the application of this Regulation. Such copy shall be forwarded without delay after the full written judgment is notified to the parties.
3. Where the coherent application of this Regulation so requires, the Commission, acting on its own initiative, may submit written observations to national_courts. With the permission of the court in question, it may also make oral observations.
4. For the purpose of the preparation of their observations only, the Commission may request the relevant national_court to transmit or ensure the transmission to the Commission of any documents necessary for the assessment of the case.
5. National courts shall not give a decision which runs counter to a decision adopted by the Commission under this Regulation. They shall also avoid giving decisions which would conflict with a decision contemplated by the Commission in proceedings it has initiated under this Regulation. To that effect, the national_court may assess whether it is necessary to stay its proceedings. This is without prejudice to the possibility for national_courts to request a preliminary ruling under Article 267 TFEU.
Article 50
Committee procedure
1. The Commission shall be assisted by a committee (‘the Digital Markets Advisory Committee’). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. The Commission shall communicate the opinion of the committee to the addressee of an individual decision, together with that decision. It shall make the opinion public together with the individual decision, having regard to the legitimate interest in the protection of professional secrecy.
whereas