In this respect, the Commission issued guidelines on the application of the Decree in the administrative proceedings over which it has jurisdiction. As specified therein, the Decree only relates to deadlines and, in that regard, to the written submissions filed during the state of emergency and does not affect the implementation of other provisions of the Law, by-laws and other regulations.
In order to achieve legal certainty and protect the rights of the parties, whilst also aiming to serve the public interest, the Commission underlined the following:
- undertakings shall still be legally obliged by Law to submit merger notifications and requests for individual exemption but shall not bear the consequences if they fail to act within the deadlines stipulated by Law for submitting notifications and requests for individual exemption;
- deadlines which expire during the state of emergency and relate to administrative actions, completing administrative proceedings (for example, decisions issued in merger control) and deciding on the legal remedies submitted, shall be deemed to expire upon expiration of a period of 30 days from the termination of the state of emergency;
- written submissions in administrative proceedings from which non-extendable deadlines start to run (for example, decisions (including procedural decisions (so called "conclusions" or, in Serbian, "zaključci") on the closure of proceedings, on the protection of data, etc.), which are submitted during the state of emergency, shall be, within the meaning of the implementation of the deadlines stipulated in the Decree, deemed to be submitted upon expiration of a period of 15 days from the termination of the state of emergency;
- parties to the proceedings shall not bear the consequences if they fail to act within the deadlines set out in conclusions and other orders of the Commission requiring compliance in on-going administrative proceedings, including proceedings instigated at the request of a party or ex officio; proper and complete fact-finding is in the interest of the parties, thus the Commission invites the parties to act in a timely manner to the extent possible under the circumstances of the state of emergency;
- undertakings shall not bear the consequences if they fail to act within the deadlines set out in conclusions and other orders of the Commission requiring compliance in sector inquiries.
The Commission concluded that it would continue to decide on the rights and obligations of undertakings in accordance with the Law, while at the same time enforcing the Decree.