If not, are there special procedures for this purpose? Is this conducted by the CA? There is no specific procedure for the imposition of sanctions on individuals but the BCA conducts the administrative procedure against both undertakings and individuals. 28. Is there a link between the decision sanctioning the undertaking and the one addressed to the individual person in the case of a successful legal challenge before a court? While there is no precedent in relation to the imposition of fines on individuals, it is likely that the BCA would impose such sanctions in the same procedure and would adopt one decision targeting all undertakings and individuals concerned. In such a scenario, the legal position of the individuals would depend on the nature of the successful legal challenge. If the Court annuls the decision of the BCA in its entirety, this would annul the decision in relation to all the undertakings and individuals to which the decision was addressed. Conversely, if the Court only partially annuls the decision (e.g. in relation to the calculation of the fine of an undertaking not related to the individual), this may leave the legal position of the individual unchanged. 29. To what extent have these sanctions been used? Are there studies about the effectiveness of individual sanctions? Individual sanctions have not been imposed yet. The BCA has not conducted any study on the effectiveness of such sanctions. 30. If there are no such sanctions, has there ever been intent to introduce it? If so, why did it fail? Not applicable. 31. If there are no such sanctions, what hurdles to their introduction and successful use do you see in your national legal system? Not applicable.
If not, are there special procedures for this purpose? Is this conducted by the CA? There is no specific procedure for the imposition of sanctions on individuals but the BCA conducts the administrative procedure against both undertakings and individuals. 28. Is there a link between the decision sanctioning the undertaking and the one addressed to the individual person in the case of a successful legal challenge before a court? While there is no precedent in relation to the imposition of fines on individuals, it is likely that the BCA would impose such sanctions in the same procedure and would adopt one decision targeting all undertakings and individuals concerned. In such a scenario, the legal position of the individuals would depend on the nature of the successful legal challenge. If the Court annuls the decision of the BCA in its entirety, this would annul the decision in relation to all the undertakings and individuals to which the decision was addressed. Conversely, if the Court only partially annuls the decision (e.g. in relation to the calculation of the fine of an undertaking not related to the individual), this may leave the legal position of the individual unchanged. 29. To what extent have these sanctions been used? Are there studies about the effectiveness of individual sanctions? Individual sanctions have not been imposed yet. The BCA has not conducted any study on the effectiveness of such sanctions. 30. If there are no such sanctions, has there ever been intent to introduce it? If so, why did it fail? Not applicable. 31. If there are no such sanctions, what hurdles to their introduction and successful use do you see in your national legal system? Not applicable.
180730_LIDCQuestionsFinespersons_LL%20Belgium%20A.docx