Digital Services Act 2024
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Chapter 6 Daily payment penalty under section 53: appeal and confirmation | ||
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Daily payment penalty under section 53: appeal and confirmation | ||
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72. (1) A person to whom a notice under section 53 (6) is given may, within 28 days from the date on which the notice is received, appeal to the High Court against the decision to impose the daily payment penalty. | ||
(2) Subsections (2) to (6) and (8) of section 68 apply for the purposes of an appeal by a person under this section as they apply for the purposes of an appeal by the inquiry subject under subsection (1) of that section subject to the following and any other necessary modifications: | ||
(a) references to an administrative financial sanction are references to a daily payment penalty under section 53 ; | ||
(b) references to the appropriate court are references to the High Court. | ||
(3) Where the person to whom a notice under section 53 (6) is given does not appeal in accordance with subsection (1) against the decision to impose a daily payment penalty, the Commission shall, as soon as is practicable after the expiration of the period referred to in subsection (1), and on notice to that person, make an application in a summary manner to the Circuit Court for confirmation of the decision. | ||
(4) Section 69 (2) to (8) apply for the purposes of an application under subsection (3) subject to the following and any other necessary modifications: | ||
(a) the reference to an administrative financial sanction is a reference to a daily payment penalty under section 53 ; | ||
(b) references to an appeal under section 68 (1) are references to an appeal under subsection (1) of this section; | ||
(c) references to section 69 (1) are references to subsection (3) of this section. |