The NMa imposed a fine of EUR 51,000 on the Dutch National Association of General Practitioners (LHV) for breaking a seal affixed by NMa officials during a dawn raid. Since 1 October 2007, the NMa has similar fining powers as the European Commission for breaking affixed seals. It is the second time the NMa has imposed a fine for breaking a seal.
The NMa was not convinced by the LHV’s argument that the fine should have been imposed on the security guard who opened the sealed door. According to the NMa, LHV could be held responsible for breaking the seal, as it should have informed security of the affixed seal. The NMa further considered that it is generally not necessary to show that the breaking of the seal is attributable to the company in question unless this company proves that there are exceptional circumstances.