48It is clear from the foregoing that the penalty proceedings before the CNMC are on the periphery of the national court system and do not fall within the exercise of judicial functions. The decision of the CNMC putting an end to the proceedings is an administrative decision which, whilst being final and immediately enforceable, is not capable of acquiring the attributes of a judicial decision, in particular the force of res judicata (see, to that effect, judgment of 16 February 2017, Margarit Panicello, C‑503/15, EU:C:2017:126, paragraph 34 and the case-law cited).
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