It considers that the sanction imposed on the group for coordinating prices with several flaggers “does not comply with the law”
The National Court has dropped a fine of € 22.59 million imposed on Repsol by the National Markets and Competition Commission (CNMC) in 2015 for considering that in its relations with its flagged service stations it committed infractions in terms of price formation or the application of discounts.
In a ruling handed down last March, to which Europa Press has had access, the Sixth Section of the Contentious-Administrative Chamber of the National High Court has upheld the appeal filed by Repsol against the CNMC’s resolution. In its ruling, the court annulled the CNMC resolution imposing the fine on energy “for not being adjusted to the Law” and, in addition, orders the Administration to pay the costs.
In this way, the oil company obtains a ruling in favor in one of the various judicial ‘battles’ that it maintains with the ‘superregulator’. This judgment is susceptible to an appeal before the National Court itself. However, legal sources indicated to Europa Press that the option of the resource would have little travel. In fact, in 2017, the National Court itself had already admitted an appeal by the group chaired by Antonio Brufau and annulled this fine from the CNMC considering that there is a formal defect.
This sanction of 22.59 million euros was imposed in July 2015 by the CNMC to Repsol. The body also sanctioned three service station companies under the banner of the oil company: Lence Torres and San Cristbal Complex, Lorqu Service Station and Cerro de la Cabaa. The resolution culminated a file initiated in 2013, which was opened in the framework of the actions directed against the main oil operators in the country. Three councilors of the CNMC, including its then president, Jos Mara Marn Quemada, approved the resolution, which had the votes against the other two councilors of the Chamber.