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Regulation (EU) 2019/712 of the European Parliament and of the Council of 17 April 2019 on safeguarding competition in air transport, and repealing Regulation (EC) No 868/2004

article  13

CELEX:  32019R0712

Termination without redressive measures
1. The Commission shall terminate the investigation without redressive measures being adopted where the complaint is withdrawn, unless the Commission continues the investigation on its own initiative.
Regulation (EU) 2019/712 of the European Parliament and of the Council of 17 April 2019 on safeguarding competition in air transport, and repealing Regulation (EC) No 868/2004

article  13

CELEX:  32019R0712

2. The Commission shall adopt implementing acts, terminating the investigation conducted in accordance with Article 5 without adopting redressive measures where:
(a) the Commission concludes that any of the following is not established:
(i) the existence of a practice distorting competition, adopted by a third country or a third-country entity;
(ii) the existence of injury or threat of injury to the Union air carriers concerned;
(iii) the existence of a causal link between the injury or threat of injury and the practice considered;
(b) the Commission concludes that adopting redressive measures in accordance with Article 14 would be against the Union interest;
(c) the third country or third-country entity concerned has eliminated the practice distorting competition; or (d) the third country or third-country entity concerned has eliminated the injury or threat of injury to the Union air carriers concerned. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Regulation (EU) 2019/712 of the European Parliament and of the Council of 17 April 2019 on safeguarding competition in air transport, and repealing Regulation (EC) No 868/2004

article  13

CELEX:  32019R0712

3. The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the Official Journal of the European Union.