– State aid
18 October, 2021

Single economic unit members liability. Commentary to the Judgement of the Court of Justice (Grand Chamber) of October 06, 2021 in the Judgment in Case C-882/19 Sumal (ECLI:EU:C:2021:800) by Prof. Dr. Juan Ignacio Ruiz Peris (UVEG)

SUMMARY: 1. Undertaking, single economic unit and principle of personal responsibility. 2. Single economic unit and control. 3. Subsidiary liability. 6. Economic unit and control. 7. […]
11 October, 2021

THE THEORY OF ECONOMIC UNITY IN INFRINGEMENT OF COMPETITION. Commentary to the CJEU of 6 October 2021 (Sumal, Case C-882/19).Enrique Sanjuán y Muñoz.Senior Judge Spain Competition and Commercial issues.Part time Professor of de University of Málaga. UMA.Professor-Tutor of Microeconomics .Universidad Nacional de Educación a Distancia (UNED)

1. Introduction. 2. The concept of the undertaking as an autonomous European concept: the theory of the economic unit. 3. The unsanctioned subsidiary and the requirements […]
4 October, 2021

Geoblocking and discrimination on grounds of nationality in EU Law under Regulation 2018/302. Prof. Dr. Juan Ignacio Ruiz Peris (UVEG).

Geoblocking and discrimination on grounds of nationality in EU Law under Regulation 2018/302. Prof. Dr. Juan Ignacio Ruiz Peris (UVEG). Proyecto de Investigación RTI2018-098295-B-I00 «Restricción, abuso […]
27 September, 2021

NATIONAL COURTS NEED TO BE CAREFUL! DE MINIMIS STATE AIDS SHOULD NOT BE UNLAWFUL.Chair Justice Dr. David Ordóñez Solís. Magistrado, miembro de la Red de Especialistas en Derecho de la Unión Europea y secretario ejecutivo de la Comisión Iberoamericana de Ética Judicial

De minimis rule as applied to State Aid in European Union Law has evolved from the concept of incompatibility of aids with the common market, the […]
20 September, 2021

NON BIS IN EUROPEAN COMPETITION LAW.(Guidelines for conceptual unification) by Justice Dr. Enrique Sanjuán. Magistrado especialista en mercantil CGPJ. Profesor Asociado de derecho mercantil UMA.

 Abstract: The recent Opinions[1] presented by Advocate General Bobek in two cases being heard by the CJEU, motivate the need for a unification of the criteria […]
13 September, 2021

The General Court of the European Union and the right of access to documents of the institutions, bodies, agencies, or agencies of the European Union, by Mercedes Pedraz Calvo, Magistrada de la Sección 8ª de la Audiencia Nacional (Spain)

ABSTRACT In 2020, the Court of Justice of the European Union (CJEU) issued, among others, two judgments on the right of access to documents of the […]
6 September, 2021

A note on the judicial estimation of the damage in actions for infringement of the rules of Competition Law when the quantification by experts attempted by the injured parties fails, by Purificación Martorell Zulueta, Magistrada de la Sección 9ª de la Audiencia Provincial de Valencia.

ABSTRACT One of the main problems faced by national courts when ruling on damages actions for infringement of European competition rules is the quantification of damages.The […]
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 grounds to impute parent liability. Prof. Dr. Juan Ignacio Ruiz Peris (UVEG)

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. Prof. Dr. Juan Ignacio Ruiz Peris […]
26 July, 2021

Judgment of the Court (Second Chamber) of 27 January 2021, in Case C-595/18 P, The Goldman Sachs. Undertaking and single economic doctrine of the European Court of Justice in sanction or damages liability cases, for infraction of the articles 101 and 102 TFEU. Prof. Dr. Juan Ignacio Ruiz Peris (UVEG)

SUMMARY: 1. About the single economic unit doctrine. 2. Uses of the single economic unit doctrine in European competition law. 3 3. Same concept of undertaking […]
19 July, 2021

An European System for follow-on litigation: Commentary on C-30/20, 1st CJEU, 15 July 2021. Eduardo Pastor Martínez, Commercial Judge nº 3 Valencia (Spain)

Abstract (English) On 15th July 2021, the Court of Justice (CJEU) published a new ruling answering a question referred for a question hold by the Commercial […]
12 July, 2021

Proposition of Notice dealing with cooperation between Commission and national courts on State Aids subjects by Prof. Dr. Juan Ignacio Ruiz Peris, Mrs. Justice Mercedes Pedraz Calvo and Mrs. Justice Purificación Martorell Zulueta (UVEG’s State Aids Group).

At the end of 2020, the Commission has submitted to public consultation a proposal of Commission Notice on enforcement of State aid rules by national courts, […]
5 July, 2021

Cartel, information exchange and private damage claims. ENRIQUE SANJUAN. Court of Appeals of Málaga. (Spain)

In Spain, the control and protection of competition´ infringements is divided into two different jurisdictions: on the one hand, the control of the agencies’ decisions is […]
28 June, 2021

Procedural issues and the jurisprudence of the European Court of Justice. Some comments on the Judgement Silver Plastics. MERCEDES PEDRAZ CALVO. National High Court (Spain)

Abstract: Procedural issues, so relevant in all legal disputes, are making their way more frequently and relevantly in the case law of the Court of Justice […]
24 March, 2021

Some remarks on the statute of limitations of private damages actions following the Commission Decision 19th July 2019 on the trucks cartel. PURIFICACIÓN MARTORELL Appellation Court of Valencia (Spain)

ABTRACT: The truck manufacturers’ cartel has had a significant impact on the development of the private application of competition law in Spain, with multiple legal proceedings […]
20 October, 2021

Judgement of the Court (First Chamber) of October 6th, 2021 Scandlines Danmark Aps. and Scandlines Deutschland Gmbh V. Commission, in Joined Cases C 174/19 P And C 175/19 P. Article 107(1) TFEU does not distinguish between the causes or the objectives of State aid, but defines them in relation to their effects. The fact that a Member State assigns a public service subject to a legal monopoly to a public undertaking does not, in certain circumstances, entail a distortion of competition. An advantage granted to the operator of an infrastructure subject to a legal monopoly cannot, in such circumstances, distort competition. It is necessary, for such a distortion to be able to be excluded in such circumstances, that the legal monopoly not only excludes competition ‘on’ the market, but also ‘for’ the market, in that it excludes any possible competition to become the exclusive provider of the service in question. For the purpose of assessing the effect on competition of the measures granted to a company there is need to take account of the activities of which that undertaking is itself specifically and actually in charge. (CRM).

The case concerns the financing of the project for the Fehmarn Belt link between Denmark and Germany. The project, signed between Denmark and Germany, consists on […]
27 September, 2021

NATIONAL COURTS NEED TO BE CAREFUL! DE MINIMIS STATE AIDS SHOULD NOT BE UNLAWFUL.Chair Justice Dr. David Ordóñez Solís. Magistrado, miembro de la Red de Especialistas en Derecho de la Unión Europea y secretario ejecutivo de la Comisión Iberoamericana de Ética Judicial

De minimis rule as applied to State Aid in European Union Law has evolved from the concept of incompatibility of aids with the common market, the […]
27 September, 2021

Judgement of the Court of Justice (Fourth Chamber)of September 02, 2021 Ja zum Nürburgring v Commission, in the Case C-647/19 P (ECLI:EU:C:2021:666). State aid. Interested party. The status of interested party doesn’t presuppose the existence of a competitive relationship.(JIRP)

The Nürburgring complex (‘the Nürburgring’), located in the Land of Rhineland-Palatinate (Germany), consists of a motor-car race track (‘the Nürburgring race track’), a leisure park, hotels […]
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 […]
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