Where the judge intends to request the opinion of the European Commission pursuant to the provisions of Article 15(1) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty establishing the European Community, he shall notify the parties. Unless they have already reached a conclusion on this point, the judge will invite them to submit their observations within a time limit that he will set.
Upon receipt of the observations or upon expiry of the time limit, the judge may request the opinion of the European Commission in a decision that is not subject to appeal. It shall stay the proceedings until receipt of the opinion or until the expiry of a time limit which it shall set.
The decision requesting the opinion, together with any observations, shall be sent to the European Commission by the court registry. This decision, together with the date of transmission of the file, shall be notified to the parties by registered letter with acknowledgement of receipt.
As soon as the court or tribunal has received the opinion, it shall be notified by the registry to the parties, who may submit observations.