GCLC Lunch Talk Brussels, October 24, 2011 Fabien Zivy Director, Legal Service Autorité de la concurrence (France) (All views expressed are strictly personal)

Slides:

Advertisements

Similar presentations

In-house lawyers and legal privilege in competition law investigations

Advertisements

European Union Law The Institutions

Full effectiveness and uniform application vs. procedural autonomy Rights, powers and duties of NCAs after Tele2 Polska and VEBIC Silke Brammer 24 October.

CJEU CASE C-338/11 – Santander Asset Management SGIIC and Others Judgment of the Court (Third Chamber) of 10 May European Tax Law 32E22000 Mikko.

The Brussels II Regulation The jurisdiction of courts.

RECOGNITION and ENFORCEMENT in CIVIL and COMMERCIAL MATTERS A.A.H. van Hoek 2003.

THE NEW EUROPEAN RULES ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS REGULATION 1215/2012 (BRUSSELS 1 REGULATION) By Ignacio ALONSO.

Slide 1/15 © copyright Standard training programme in judicial cooperation in criminal matters within the European Union Version: 3.0 Last updated:

B RUXELLES F RANKFURT L ONDON M ADRID M ILANO MÜNCHEN N EW D ELHI N EW Y ORK P ARIS S INGAPORE T OKYO British Institute of International and Comparative.

The fundamentals of EC competition law

Unit 8: The European order for payment procedure and the European small claims procedure Dr. Matthias Frey Head of the Municipal Court.

Basic notions and sources of law

OFFICE FOR THE PROTECTION OF COMPETITION OF THE CZECH REPUBLIC1 Judicial Review in Competition Cases in the Czech Republic Robert Neruda Director of the.

The State Aid Action Plan Thibaut KLEINER DG COMP Global Competition Law Centre 19 September 2005 – Brussels.

8-th CIS Local Counsel Forum Kiev-Odessa, June 2013 Recognition and Enforcement of EU Countries Court Decisions in European Union: Illustration –

Asst. Prof. Dr. Alexander Bürgin IUE1 European Union Law and the Courts Repetition.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Important Case law of the European Court of Justice by Jens.

Introduction to EU Law Cont.d. ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure.

Step up to Saxion. Course Introduction to International Business Law by Cynthia Vloon-Weultjes LLM Autumn 2012.

European civil procedure law Judicial cooperation in civil matters

State Separation of Powers Wooley v. State Farm Fire and Cas. Ins. Co., 893 So.2d 746 (La. 2005)

Course: Law of the European Union [5] Administrative and judicial procedures in the European Union Filip Křepelka,

Introduction to Europe & European Law

Small claims procedure Regulation (EC) No 861/2007of European Parlament and of the Council of 11 July establishing a European Small Claims Procedure (OJ.

Discussion “International Cooperation: Service of Documents, Taking of Evidence” – Practical Implementation of Regulations No 1393/2007 and No 1206/2001.

Lawmaking and Advocacy. Laws and Courts Agencies – government groups that create rules and regulations to make laws more specific (TSA, DOT, OSHA) Courts.

Announcements -Final Study Guide will be posted the beginning of next week. -Thursday, May 31 class will be a review session.

The Brussels I Regulation Jurisdiction in matters of insurance, consumers contracts and individual contracts of employment.

The ECJ's Huawei/ZTE judgment (C-170/13) Thomas Kramler DG Competition, European Commission (The views expressed are not necessarily those of the European.

Finding a PPP Partner Essential EU Law Considerations Bernard Wilson Maribor, 18 January 2005 Bernard Wilson Maribor, 18 January 2005.

European Private International Law JUDr. Tereza Kyselovská.

Cyprus, April 2011 Direct effect of EU (VAT) Directives.

BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES NEW YORK SAN FRANCISCO SHANGHAI SINGAPORE TOKYO WASHINGTON, D.C. Dawn raids.

Court of Justice of the European Union

The primacy and effectiveness of EU law Chiara Favilli Rome 7-8 April 2014.

Case Study on the PIL „German divorce”. Case Description A German married couple domiciled in Poland Husband has repeatedly cheated on his wife and then.

Private Enforcement of EU State Aid Law Lecturer: Niki Papadonikolaki, Attorney at Law, D.E.A.

European Labour Law Institutions and their Competencies.

INVESTIGATION KAROLINA KREMENS, LL.M. (Ottawa), Ph.D. International Criminal Procedure.

European Labour Law Institutions and their Competencies JUDr. Jana Komendová, Ph.D.

The EU and Access to Environmental Information Unit D4 European Commission, Directorate General for the Environment 1.

Interpretation of Direct Taxation Issues by the ECJ ‑ The Meaning and Scope of the Acte Clair Doctrine Lisbon September 2007 Francisco Alfredo García.

PRINCIPLE NE BIS IN IDEM IN EUROPEAN UNION CRIMINAL LAW Zoran Burić, PhD University of Zagreb – Faculty of Law Department for Criminal Procedural Law

Doc.JUDr.Soňa Skulová, Ph.D. Principles of Good Governance.

European Commission, DG Competition, A, A-4 ECN The ECN, coherency and the review of decisions of the Commission and the National Competition Authorities.

Legal Protection of Competition 2. EC and National Competition law (Who applies which law, and why?) Michal Petr Office for the Protection of Competition.

© OECD A joint initiative of the OECD and the European Union, principally financed by the EU Civil Service in a European Administrative Space General principles.

Course: European Criminal Law SS 2009 Hubert Hinterhofer.

M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 16 – Taxation Bilateral screening:

81 st Lunch Talk of the Global Competition Law Center Markus Röhrig – April 28, 2016 The ECN+ Initiative: Outcome and Challenges of the Commission Consultation.

Ex-ante state aid control initial assessment of the planned state aid performed by the Ministry of Finance.

EU Law Law 326.

European Union Law Week 10.

Competition Law and its Application: European Union

EU law and the legislative procedure of European Union

International Agreements

Filip Křepelka, Masarykova univerzita

Conflicts of Criminal Jurisdiction: Roadmap to Legislation at EU Level Vertical Mechanism Prof. J.A.E. Vervaele EPRS & ELI Roundtable Brussels, 4.

Practical cases UNIVERSITY OF ZAGREB EUROPEAN PUBLIC LAW

After Wooley The Bonvillian Cases.

European actions.

Judicial Powers: Decentralised National Procedures

ICN CWG SG1 webinar on ‘”Parental liability”

Rights, Powers and Duties of NCAs: A Review of recent ECJ Rulings

National Judicial Appointment Commission Act, 2014

Procedural and Judicial protection

Unit 8 European Aministrative Law Principles

After Wooley The Bonvillian Cases.

Presentation transcript:

GCLC Lunch Talk Brussels, October 24, 2011 Fabien Zivy Director, Legal Service Autorité de la concurrence (France) (All views expressed are strictly personal) R IGHTS, P OWERS AND D UTIES OF NCA S : A R EVIEW OF RECENT ECJ R ULINGS

O UTLINE  Fleshing out two basic rules set out in Regulation N. 1 I. Self-assessment… … and the issue of prosecutorial discretion vs. legal guidance: – ECJ (g.c.), Tele2 Polska, May 3 rd, 2011 (C-375/09). I. Effectiveness… … and the issue of competition litigation: – ECJ (g.c.), VEBIC, December 7 th, 2010 (C-439/08).  Quo vadis? 2

I. P ROSECUTORIAL DISCRETION VS. LEGAL GUIDANCE  Rule Number One: from notification to self-assessment; exceptional “positive” enforcement by way of findings of inapplicability.  Reading the Tele2 Polska judgment backwards: what the ECJ was really asked to do was to strike down a national provision imposing findings of inapplicability on the merits; NCAs earn greater prosecutorial discretion and ability to prioritize (the case of Poland & France).  Is “positive” legal guidance lost in translation? Not necessarily. “non-enforcement” decisions precluded by Article 10 and ne bis in idem; what about “exemption” decisions? what about ex officio guidance? 3

II. C OMPETITION LITIGATION  Rule Number Two: minimum harmonization and procedural autonomy… … but duty of effectiveness as “red herring” of Regulation N. 1/2003… … coupled with primacy and dis-application of contrary national law.  Right of NCAs to appear in court as defending party: Article 35 and independence of NCAs (representation in court by a ministry is not adequate); meaning of the VEBIC judgment: NCAs earn rights of defense before review court and right of appeal to superior court.  Is equality of arms lost in translation? No. judges gain the possibility to quiz competition enforcers; applicants keep the power to frame the case and the right to have the last word. 4

Q UO VADIS ?  An always closer (competition) Union? European judges triggering approximation of competition law; competition authorities (Commission and NCAs) joining the movement in search of consistency and effectiveness; what about national governments and parliaments? what about EU law-makers? what about national judges? 5