Article 19 — Reasons for refusing to take part in the coordinated action

1. An enforcement authority may refuse to take part in a coordinated action only if one or more of the following situations apply: (a) a criminal investigation, judicial proceedings or administrative proceedings have already been initiated, a judgment has been given, or a court settlement has been reached in respect of the same buyer or buyers and concerning the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by that criminal investigation, judicial proceedings or administrative proceedings in that enforcement authority’s Member State; (b) the enforcement authority has already initiated an investigation before the issuing of an alert referred to in Article 24, or an administrative decision has been adopted against the same buyer or buyers in respect of the same unfair trading practice that involves the same supplier and the same period of the unfair trading practice covered by the investigation or the administrative decision in that enforcement authority’s Member State to bring about the cessation of the widespread unfair trading practice with a cross-border dimension; (c) the widespread unfair trading practice with a cross-border dimension has not occurred in that enforcement authority’s Member State and therefore no enforcement measures under Article 6 of Directive (EU) 2019/633 need to be taken by that enforcement authority. 2. Where an enforcement authority refuses to take part in the coordinated action, it shall without delay inform the Commission and the other enforcement authorities concerned by the widespread unfair trading practice with a cross-border dimension about its decision, stating the reasons for its decision and providing any necessary supporting documents.