Digital Services Act 2024
Decision following joint investigation to which Article 60 applies | ||
63. (1) A decision under section 62 , where the report referred to in subsection (1) of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article, and (subject to subsections (5) to (7)) sections 65 , 66 and 67 do not apply in relation to the decision. | ||
(2) As soon as is practicable after making a decision to which subsection (1) applies, the Commission shall give notice in writing of the decision to the inquiry subject. | ||
(3) A notice under subsection (2) shall— | ||
(a) set out the decision and the reasons for it, and | ||
(b) state the effect of subsections (1) and (5) to (7). | ||
(4) Where Coimisiún na Meán makes a communication under Article 60(2) in relation to a decision to which subsection (1) applies, the Commission shall as soon as is practicable give the inquiry subject notice in writing that the communication has been made. | ||
(5) If in relation to a decision to which subsection (1) applies— | ||
(a) no referral is made under Article 60(3), or | ||
(b) following a referral, the European Commission does not make a request under Article 59(3) for the matter to be reviewed, | ||
the Commission shall adopt the decision as its final decision. | ||
(6) If, in relation to a decision to which subsection (1) applies, the European Commission makes a request under Article 59(3) for the matter to be reviewed, the Commission may, following the review and subject to Article 59(3), do any of the following: | ||
(a) adopt the decision as its final decision; | ||
(b) request a person authorised under section 49 (2) to give a direction under subsection (1) of that section for a new investigation; | ||
(c) take any other action that appears to the Commission to be necessary to ensure compliance with the Digital Services Regulation. | ||
(7) Where the Commission adopts a decision to which subsection (1) applies as its final decision, sections 65 , 66 and 67 shall apply in relation to the decision. |