Digital Services Act 2024
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Circuit Court confirmation of decision | ||
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69. (1) Where the inquiry subject to whom a decision under section 62 relates does not appeal against the decision in accordance with section 68 (1), the Commission shall, as soon as is practicable after the expiration of the period referred to in section 68 (1), and on notice to the inquiry subject, make an application in a summary manner to the Circuit Court for confirmation of the decision. | ||
(2) On the hearing of an application under subsection (1), the Circuit Court shall confirm the decision unless it is satisfied, on the basis of the evidence that was before the Commission when making the decision— | ||
(a) that the Commission made an error of law which is— | ||
(i) manifest from the record of the decision, and | ||
(ii) fundamental so as to deprive the decision of its basis, | ||
or | ||
(b) that any administrative financial sanction imposed is manifestly disproportionate. | ||
(3) If under subsection (2) the Circuit Court does not confirm the decision it may— | ||
(a) annul the decision, or | ||
(b) remit it for reconsideration by the Commission, subject to such directions as it considers appropriate. | ||
(4) The inquiry subject may, as soon as is practicable after receiving notice of the application under subsection (1), inform the Commission in writing that it does not intend to appear at, or make submissions at, the hearing of the application. | ||
(5) If an application to extend the period for the making of an appeal against a decision is made under section 68 (2) to the High Court, the Circuit Court shall make an order staying any application under subsection (1) for the confirmation of that decision until the High Court has made a decision under section 68 (2). | ||
(6) If the High Court makes an order under section 68 (2) extending the period for the making of an appeal under section 68 (1) against a decision, the Circuit Court shall make an order staying any application under subsection (1) for the confirmation of that decision until the High Court has made a decision on the appeal under section 68 (4). | ||
(7) The Circuit Court may make such interim or interlocutory orders as it considers appropriate in any proceedings under subsection (1). | ||
(8) The Circuit Court may direct how the costs of an application under subsection (1) are to be borne. |