Jurisprudence
20 September, 2021

Judgement of the Court of Justice (Fourth Chamber) of September 16, 2021 Commission v Belgium and Magnetrol International, in the Case C-337/19 P (ECLI:EU:C:2021:741). Concepts of “aid scheme”, “act”, “further implementing measures”, “General and abstract” definition of beneficiaries and “Systematic approach”. Fiscal autonomy of the Member States. The term “Act” in Article 1(d) of Regulation 2015/1589 includes a systematic contra legem application by the tax authorities of that Member State. To decide about the need or not of “further implementing measures” it must be determined whether the grant of individual aid is conditional on the adoption of such measures or whether, on the contrary, that grant may be made on the basis of that act alone. The contra legem practice of the tax authorities, in the case, to grant to the beneficiary the excess profit exemption was granted without there being any need to adopt further implementing measures. (JIRP)

CONTEXT: By its appeal, the European Commission asks the Court of Justice to set aside the judgment of the General Court of the European Union of […]
13 September, 2021

Judgment of the General Court (Tenth Chamber, Extended Composition) of 14 July 2021 Ryanair DAC and Laudamotion GmbH v European Commission in the Case T-677/20 – Ryanair and Laudamotion v Commission (Austrian Airlines; Covid-19) (JIRP)

CONTEXT: Austrian Airlines AG (‘AUA’) is a company which is part of the Lufthansa group. On 23 June 2020, the Republic of Austria notified the European […]
6 September, 2021

Judgment of the General Court (Tenth Chamber, Extended Composition) of 9th June 2021 in Case T‑665/20, Ryan Air DAC v European Commission ECLI:EU:T:2021:344 (JIRP).

When the formal investigation procedure about a State Aid is not initiated by the Commission, interested parties, who could have submitted comments during that stage, are […]
2 August, 2021

Judgment of the Court (Third Chamber) of 25 March 2021. Case C-152/19 P.Deutsche Telekom AG v European Commission. ECLI:EU:C:2021:238. Decisive influence  and absence of decisional autonomy as alternatives to impute parent liability. Facts demonstrating that the parent company was in a position to exercise decisive influence over subsidiary can be taken into account, in the light of or in conjunction with other facts relating to that situation, as indications contributing to a finding of an actual exercise of such influence. These facts can conform a part of a body of consistent evidence relating to actual and decisive influence of the parent company over its subsidiary. Decisive influence and absence of decisional autonomy as alternatives to impute parent liability. Rights of defence. (JIRP)

Judgment of the Court (Third Chamber) of 25 March 2021. Case C-152/19 P.Deutsche Telekom AG v European Commission. ECLI:EU:C:2021:238. Multilingual versions at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62019CJ0152 Context: Deutsche Telekom […]
26 July, 2021

Judgment of the Court (Second Chamber) of 27 January 2021, in Case C-595/18 P, The Goldman Sachs. Group Inc. v European Commission., in Case C-301/19 P. ECLI:EU:C:2021:73. Single economic unit doctrine, economic entity, parent liability, rebuttable presumption, informal relationships, personal links, appraisal of the facts, review of the finding of facts.

Substantive: The Court of Justice confirm General Court Judgement and Commission Decision thatrebuttable presumption of single economic unit applies in cases in which parent company owns […]
19 July, 2021

JUDGMENT OF THE COURT (First Chamber) 15 July 2021 in Case C‑30/20 Volvo ECLI:EU:C:2021:604. REQUEST for a preliminary ruling under Article 267 TFEU on Regulation (EU) No 1215/2012 – Article 7(2) – International and internal territorial jurisdiction in matters relating to tort, delict or quasi-delict. Compensation for the damage caused by those arrangements contrary to Article 101 TFEU. (ESM)

International and territorial jurisdiction under the Article 7(2) of Regulation Nº 1215/2012 in action for damages on competition matters. (ESM) Multilingual version https://curia.europa.eu/juris/document/document.jsf?text=&docid=244190&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=2379485 REQUEST for a […]
14 July, 2021

Distinction between default interest and compensatory interest. Default interest shall be paid from the date on which the fine at issue was repaid and not from the date of delivery of that judgment until full payment by the Commission. Compound interest compensate for the loss of enjoyment, during the period from the date on which the actor brought its action until the date of delivery of the judgment under appeal, of the amount of interest which it was entitled, in accordance with Article 266 TFEU.(JIRP)

Judgment of the Court (Fourth Chamber) of 20th  January 2021, in Case C-301/19 P. European Commission v Printeos, SA. ECLI identifier: ECLI:EU:C:2021:39 Multilingual version at https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62019CJ0301 […]
7 July, 2021

Single and continuous infringement period in a case of bid rigging (JIRP)

Judgment of the Court (Second Chamber) of 14 January 2021, in Case C‑450/19, Kilpailu- jakuluttajavirasto. ECLI identifier: ECLI:EU:C:2021:10Multilingual version at https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62019CJ0450Request for a preliminary ruling from […]
30 June, 2021

State Aids issues in the annual report 2020 of the Court of Justice of the European Union. JIRP

The text reproduces the content from the Summary The Year in Review, pages. 45 – 47. Multilingual versions accessible at www.curia.eu page. In 2020, the Court […]
25 June, 2021

Competition issues in the annual report 2020 of the Court of Justice of the European Union. JIRP

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