§ 43. Mr. Teddy TaylorTo ask the Attorney-General if he will publish a paper outlining the rights of access to United Kingdom courts for individuals and companies which have fines imposed on them by the European Community; and if he will make a statement.
§ The Solicitor-GeneralNo, Sir. National courts have no power to review the legality of fines imposed by the European Commission. Individuals and companies who wish to test the legality of such fines, may institute proceedings against the Commission in the European Court of Justice in Luxembourg.
§ Mr. TaylorCould my hon. and learned Friend say whether, as one who believes in justice, he is worried that, under the mergers directive, the European Community can appoint inspectors who can walk into any British company that they think might be affected, obtain access to its premises, demand to see its papers, ask for information on the spot, and if they are not satisfied with the information, impose immediate fines of many tens of thousands of pounds, even per day? Is it not an outrage that, in a country which elieves in democracy and the rule of law, individuals can be fined massive sums, and their only recourse is to go to the European Court, which might actually increase the fines? Are not the Government willing to take seriously the fact that the basis of British law, that 553 one should have access to the courts before fines are imposed, is totally undermined both by this directive and one other that preceded it?
§ The Solicitor-GeneralI read my hon. Friend's speech in the recent debate and the answer given on behalf of the Department of Trade and Industry. From a legal aspect, any such company has a right of recourse to the European Court of Justice at Luxembourg.—
§ Mr. TaylorThree years later.
§ The Solicitor-GeneralWhether or not the fine is valid must be decided by the European Court of Justice, to which companies have access. However, the policy matters, as my hon. Friend will appreciate, were those raised in the debate and answered on behalf of the Department of Trade and Industry.