Division 6.2 F1

A competent authority may refuse to follow an invitation to participate in coordinated enforcement activities, following consultation with the inviting authority if:

1. (a)

   judicial proceedings have already been initiated or a final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority;

2. (b)

   in its opinion, following appropriate investigation, it is not concerned by the intra-Community infringement.

If a competent authority decides to decline an invitation to participate in coordinated enforcement activities it shall state the reasons of its decision.

This point shall be without prejudice to the application of Articles 6 and 8 of Regulation (EC) No 2006/2004.