Initiating an investigation procedure pursuant to section 25a(1) Energie-Control-Gesetz (E-Control Act)
If a suspicion is confirmed, E-Control will initiate an investigation procedure pursuant to section 25a(1) E-Control Act, in the course of which it is, while maintaining the principle of proportionality, authorised to
- have access to any relevant document in any form, and to receive a copy of it;
- demand information from any relevant person or principals;
- summon and hear any such person or principal;
- carry out investigations on site and demand access to information, explanations or documents which are related to the subject and purpose of the investigations;
- have access to and receive a copy of already filed results of a provision of message transfer and message monitoring data;
- suggest a seizure of property pursuant to section 110 Strafprozessordnung (Criminal Procedure Code) at the competent public prosecution authority;
- if there is suspicion of market manipulation, to request the responsible authority, which can be asked to cooperate in ensuring that stipulations and prohibitions of REMIT are heeded by imposing a temporary prohibition of professional activity on the accused party for the duration of the procedure.
It is in the framework of these powers that E-Control might contact market participants concerned. However, actual investigation and punishing powers according to penal law remain with the judicial law enforcement authorities or district administration authorities, which serve as administrative penal authorities.