Can repayment of the unlawfully obtained gain be demanded?

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Question:

Can repayment of the unlawfully obtained gain be demanded?

Published: 12 September 2018

Answer:

Yes, when the exact amount of the gain obtained can be identified or when a realistic estimation of the gain obtained can be made. In that case, the fine or penalty may be set at twice the amount of the gain that the non-compliant party obtained on account of its non-compliance.

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