Emanuela Matei

Mircea & Partners (Bucharest), Centre for European Legal Studies (Bucharest)
Of Counsel

Emanuela’s expertise comprises fields of EU law and commercial law, while her core strengths underpin specific skills in State aids law, Competition law, Public Procurement, Economic Freedoms, European Private International law and EU Taxation. Her studies of law resulted in a Swedish Magister degree in Business Law (2010) followed by an International Jurismaster in European Law (2012), both degrees being obtained at the University of Lund, Sweden. Emanuela is a member of the Scientific Board of the IADUER, a newly launched legal journal specialized in the study of preliminary rulings. In April 2014 Emanuela joined the lawyer firm Mircea & Partners (Bucharest) as Of Counsel.

Articles

12601 Bulletin

Emanuela Matei The EU General Court holds that a duty to procure specific documents might be imposed on the Commission at the request of an undertaking which is the subject to an antitrust investigation under certain circumstances (Intel)

416

Access to documents not to be found in the Commission’s possession I. Background The Intel Cases have occupied the international arena of antitrust litigation for the past ten years and a definitive resolution has not been reached yet. The administrative proceeding initiated by the Commission (...)

Emanuela Matei The EU Parliament presents a report comprising amendments to the Commission’s legislative proposal concerning the regime of actions for damages prompted by infringements of competition law

299

Introduction In the beginning of the process of decentralization of the enforcement of competition law in the EU the necessity to encourage the development of private enforcement appeared to be more of a theoretical proposition than a tangible reality. Ten years after the adoption of the (...)

Emanuela Matei The Stockholm City Court rules that the prohibition against double jeopardy does not bar subsequent administrative proceedings in a case of abuse of dominance where previous civil proceedings led to an injunction order under penalty of a fine (Swedavia)

101

Admissibility of an action for imposing a competition fine brought after the Market Court ordered injunction under penalty of a fine in related civil proceedings. Exploitative abuse of dominance. Ne bis in idem Background Swedavia is a state-owned company in charge with the administration of (...)

Emanuela Matei The Swedish Competition Authority finds a breach of the proportionality principle in relation to the exclusion of suppliers who use more qualified nursing personnel than the minimum imposed in the tender specifications (Systrarna Odh)

150

Best country to grow old The UN ranked Sweden in a recent study as best country in the world for treatment of elderly. The Swedish public procurement markets for care services have been opened to competition via the system of public procurement and more recently via a system based on freedom (...)

Emanuela Matei The EU General Court dismisses the parallel actions brought by two diamonds dealers against the Commission’s decisions not to open an antitrust investigation into certain distribution agreements established by world’s largest producer of rough diamonds (BVGD, Spira, De Beers)

708

I. Introduction Any natural or legal person who can show a legitimate interest may lodge a complaint concerning an antitrust infringement as stipulated by article 7 of the Regulation No 1/2003. The Commission is not required to investigate each of the complaints lodged with it, but only to (...)

Emanuela Matei The EFTA Court establishes that not issuing a timely decision in relation to an application for access to antitrust documents constitutes a serious breach of law (DB Schenker/ESA II)

166

Background The present case concerns a combined set of two actions lodged by DB Schenker against ESA on 9 July 2012: an action for failure to act under Article 37 SCA and an action for non-contractual liability based on Article 46 SCA. At the origin of the present litigation we can find the (...)

Emanuela Matei The EU Court of Justice rules that the principle of effectiveness precludes a provision of national law under which the access to leniency documents is obstructed with no place left for a proportionality test (Donau Chemie)

445

I. Introduction The main pursuit of this article is to analyse the judgment of CJEU by comparing it to the conclusions provided by AG Jääskinen on the 7 February 2013. The facts have been described previously in my article from e-Competitions N°51003. The Austrian Consent Rule as enshrined by (...)

Emanuela Matei The Swedish Supreme Court holds that the time when the contract implementing an illegal direct award has been initiated should coincide with the time when the award decision may be subject to legal review (Swedish Immigration Office)

243

I. Introduction Konkurrensverket (Swedish Competition Authority) applied for public procurement fines against the Migrationsverket (Swedish Immigration Office) before the court of first instance on the 17 June 2011. The value of the contract in question exceeded € 8 million (SEK 69 million), (...)

Emanuela Matei The European Commission issues a state aid decision concerning compensation for the provision of SGEI and orders the immediate and effective recovery of the illicit aid (Marseille -Corsica ferries)

297

Introduction The decision in discussion was issued by the European Commission on 2 May 2013 and established that the public service delegation contract for passenger shipping services between Marseille and Corsica did not satisfy the four cumulative conditions set out in Altmark. The (...)

Emanuela Matei The Romanian Supreme Court rejects an appeal on points of law relying on claims of non-compliance with the right to inviolability of domicile brought against an order for unannounced inspections conducted under the Article 101 TFEU (BRD-Group Société Générale)

142

The irremediable impairment of the rights of defence may arise from the disregard of the right to the inviolability of domicile Introduction ...whilst it is true that the rights of the defence must be observed in administrative procedures which may lead to the imposition of penalties, it is (...)

Emanuela Matei The EU Court of Justice establishes that the General Court erred in law, both in its review of the Commission’s finding on public resources conferring state aid and in the assessment of the links between the established advantage and the commitment of public resources (Bouygues)

174

I. Introduction This state aid judgment of the CJEU refers to credit guarantees under the form of a non-implemented shareholder loan agreement and the relation between the advantages conferred on the beneficiary and the allocation of state resources. The General Court judgment adopted an (...)

Emanuela Matei The Swedish Competition Authority decides that the practice of excluding suppliers from ‘tax havens’ is incompatible with EU law (Municipality of Kalmar)

111

I. Introduction OECD’s list of uncooperative tax havens has become the world’s shortest black list, only two small islands in Pacific being listed as uncooperative tax havens. The use of legal methods to modify a corporation’s financial situation in order to lower the amount of corporate tax owed (...)

Emanuela Matei EU Court of Justice Advocate General Jääskinen concludes that the Austrian consent rule impedes access to justice by damages claimants and it is precluded by Union law (Donau Chemie)

346

I. Introduction The main pursuit of this article is to use the opportunity given by the present case in order to revisit the apparent dichotomy existent between private and public enforcement of competition law. My claim is that the two avenues must be seen as complementary rather than (...)

Emanuela Matei The EFTA Court annuls the ESA decision that denied the access to documents required by applicants in its quality of prospective claimant for damages (DB Schenker)

349

I. Introduction The applicants in the present case, collectively named ‘DB Schenker‘ have argued successfully for the annulment of the decision from 16 August 2011 adopted by EFTA Surveillance Authority (hereinafter ‘ESA’). Schenker Privpak AS and Schenker Privpak AB are limited liability (...)

Emanuela Matei The EU Court of Justice entirely rejects an appeal by German energy company for failing to substantiate the unduly reversed burden of proof and the allegedly incorrect assessment of the fines imposed for breaching a seal during a EU dawn raid (E.ON)

334

I. Introduction Breaching of a seal constitutes a serious violation of the Commission’s investigative powers in the competition field for which fines not exceeding 1 % of the undertaking’s turnover may be imposed. On 15 April 2008, E.ON Energie brought an action for annulment against a (...)

Emanuela Matei The President of the EU General Court suspends the Commission’s decision in order to prevent the publication of confidential information contained in a cartel decision (Akzo, Degussa)

793

I. Introduction The dissemination of historical information can still imply certain risks for the public or private interest and require confidential treatment. The present case refers to an action for annulment comprising a claim of confidential treatment of the information contained by (...)

Emanuela Matei The EU General Court confirms that fact-finding measures conducted under article 20(4) of the Regulation No 1/2003 do not bring about a distinct change of the legal position of the applicant, thus may not be the subject of an action for annulment (Nexans)

415

I. Introduction The applicants in the present case seek the annulment of Commission decision of 9 January 2009 ordering them to submit to an inspection in accordance with article 20(4) of Regulation No 1/2003 as well as the way in which it was executed. In the context of an investigation the (...)

Emanuela Matei The EU Court of Justice confirms the Commission’s authority to represent the EU in bringing an action for damages before a national court based on an infringement of the Article 101 TFEU (Otis, Kone, Schindler and ThyssenKrupp)

933

I. Introduction In the field of competition law the Commission plays multiple roles and acts against several forms of anticompetitive activities prohibited by Articles 101 and 102 TFEU, if the interstate trade criterion is satisfied. National competition authorities may apply the above named (...)

Emanuela Matei The Swedish Competition Authority issues a decision concerning pecuniary sanctions imposed on administrative agency for an illegal award of a contract (Agency for Economic and Regional Growth, New Grand Hotel)

333

I. Introduction The staff banquet day organized by Agency for Economic and Regional Growth (’Agency’) on the 23 May 2012 has been awarded to New Grand Hotel AB without prior advertisement. The value of the contract is of approximately SEK 600,000 (more exactly of SEK 608,908). The Swedish (...)

Emanuela Matei The ECJ Advocate General Cruz Villalón delivers his opinion concerning the interpretation of Article 101(1) TFEU in relation to a purely internal situation (Allianz Hungária Biztosító)

881

I. Introduction From the reference for preliminary ruling it follows unmistakably that the proceedings before the referring Court concern an infringement of the national competition law and that Article 101 TFEU is only circuitously contemplated. According to AG Cruz Villalón the reference to (...)

Emanuela Matei The Administrative Court of Appeal of Jönköping orders that the award procedure shall be recommenced for violation of the transparency principle (PWC v Västervik, KPMG v Västervik)

98

I. Introduction The tender documentation of the award procedure concerned with a procurement contract of audit services by Västervik municipal authorities comprised erroneous information. The error consisted in disregarding the provisions of the Swedish constitutional law, namely the article (...)

Emanuela Matei The EU General Court annuls the Commission’s decision by which it approved all of the measures adopted by France in favour of Corsica ferries (Corsica Ferries France)

877

A. Essential factual and legal aspects The shipping company, Corsica Ferries France SAS, applicant in the present dispute, offers regular ferry services to Corsica departing from continental France (Marseille, Toulon and Nice) and Italy. The shipping company and beneficiary of the aid measure (...)

Emanuela Matei The Swedish Competition Authority issues a decision concerning pecuniary sanctions imposed on a contracting authority for infringements of public procurement law (Akademiska Hus Norr)

260

I. Introduction The building project in this case involves the modification andexpansion of an existing construction, namely the building of the University of Agricultural Sciences situated in the municipality of Umeå. The value of the contract is of approximately SEK 39 million. The Swedish (...)

Emanuela Matei The ECJ Advocate General Kokott hands down her opinion on the duty of the national authorities to respect the de minimis notice, while applying Art. 101 TFEU (Expedia)

423

I. Essential factual and legal aspects of the Expedia Inc Case The reference for a preliminary ruling has been initiated by a dispute between Expedia, an on-line travel agency, and the French Competition Authority, henceforth called FCA, concerning a selling joint-venture agreement between (...)

Emanuela Matei The Supreme Court establishes the liability of a contracting authority to pay damages for the positive contractual interest to a tenderer who would have won the tender procedure if the procurement law had been correctly applied (Ishavet)

179

I. Introduction A tenderer who otherwise would have won the procurement procedure, if the procurement law had been correctly applied by the contracting authority shall be entitled to receive compensation for the positive contractual interest. Moreover the liability to pay damages does not (...)

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