Markus Wellinger

Van Bael & Bellis (Brussels)
Lawyer (Partner)

Markus Wellinger joined Van Bael & Bellis in 1993 where he has been a partner since 2001. Prior to this, he started his professional career with a leading Belgian bank. Markus Wellinger has represented clients before the European and national courts, the European Commission and national competition authorities in several Member States. In the field of competition law, his practice focuses on advising and representing clients in areas including merger control cases, compliance programmes and cartel investigations, strategic alliances and other commercial arrangements (such as distribution, R&D and technology licensing), issues related to abuse of dominant position and EU state aid rules. Moreover, he has secured merger antitrust clearance from a large number of national competition authorities within and outside the European Union. He has also published an article on Managing a multi-jurisdictional filing in the International Comparative Legal Guide to Merger Control 2005 and 2006. Markus Wellinger is a contributor to the fourth (2004) and fifth (2009) editions of Van Bael & Bellis’ Competition Law of the European Community. He has written articles on various competition and internal market issues and has also spoken on these subjects at seminars. Markus Wellinger has played a key role in the development of a competition compliance training DVD entitled "Complying with EU competition law, A practical tool" which is part of a more complete practical compliance programme offered to clients and which won the first prize in the category “Training and Education” at the 2005 International Creusot Festival. Markus Wellinger speaks English, French, Dutch, Swiss German and German.

Linked author

Abbie (Wavre)

Articles

7833 Bulletin

Markus Wellinger The EU Court of Justice annuls a Commission decision due to the lack of motivation in the assessment of the selectivity criteria in the determination of the compatibility of an aid (Comunidad Autónoma de Galicia and Retagal)

137

On 20 December 2017, the Court of Justice of the European Union (“ECJ”) issued its judgment in case C-70/16 P, Comunidad Autónoma de Galicia and Retagal v Commission. The ECJ annulled, on appeal, a Commission decision of 19 June 2013 ordering the recovery of state aid granted by Spain to operators (...)

Markus Wellinger The EU Court of Justice concludes that the conditions laid down in the Altmark judgment are relevant for determining whether a measure constitutes state aid (Viasat Broadcasting)

110

On 8 March 2017, the European Court of Justice (“ECJ”) handed down its judgement on appeal in case C-660/15 P, Viasat Broadcasting UK (“Viasat”) Ltd v European Commission. The case concerns aid granted to the Danish public broadcaster TV2/Danmark for the execution of public service obligations. In (...)

Markus Wellinger The EU Court of Justice confirms the General Court judgment annulling the Commission’s decision the considered that public support statements and credit line offers constituted incompatible State aids by applying the test of the prudent private investor (Orange)

73

On 30 November 2016, the European Court of Justice (“ECJ”) issued its second judgment in the case concerning public statements made by the French authorities in support of France Télécom (“FT” – now Orange) and the offering of a shareholder loan to FT. In 2002, FT, a public limited company, was (...)

Markus Wellinger The EU General Court hands down a judgment in a case regarding a German law on renewable energy and clarifies notion of State resources (Erneuerbare-Energien-Gesetz)

210

On 10 May 2016, the General Court of the European Union (“Court”) handed down a judgment in a case concerning the German law on renewable energy of 2012 (the Erneuerbare-Energien-Gesetz 2012 - “EEG 2012”) (case T-47/15, Germany vs. Commission). The EEG 2012, which was replaced by a new law in (...)

Markus Wellinger The EU Court of Justice rules on the application of State aid rules in national court proeedings and the principle of res judicata (Klausner Holz Niedersachsen GmbH / Land Nordrhein Westfalen)

63

On 12 November 2015, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Münster Regional Court in case C-505/14, Klausner Holz Niedersachsen GmbH v Land Nordrhein Westfalen. The case concerns the application of the EU state (...)

Markus Wellinger The EU Court of Justice rules on the application of State aid rules in national court proceedings and the principle of res judicata (Klausner Holz Niedersachsen GmbH / Land Nordrhein Westfalen)

67

On 12 November 2015, the Court of Justice of the European Union (“ECJ”) handed down a judgment on a reference for a preliminary ruling from the Münster Regional Court in case C-505/14, Klausner Holz Niedersachsen GmbH v Land Nordrhein Westfalen. The case concerns the application of the EU state (...)

Annick Schaeken, Markus Wellinger The EU Court of Justice Advocate General Mengozzi clarifies the role of national courts in case of simultaneous state aid investigation by the Commission (Lufthansa, Frankfurt airport, Ryanair)

115

On 27 June 2013, Advocate General Mengozzi rendered an opinion clarifying the role of national courts in case of simultaneous state aid investigation by the European Commission (the “Commission”). The case stems from a dispute between Lufthansa and the Frankfurt airport regarding the (...)

Markus Wellinger The EU Court of Justice holds that the EU Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to steel producer (Technologie Buczek)

54

In a judgment delivered on 21 March 2013, the ECJ has followed the GC that the European Commission did not correctly apply the hypothetical private creditor test when holding that Poland had granted aid to the Technologie Buczek Group (“TB”). The ECJ confirmed that a comparative analysis (...)

Markus Wellinger The EU Court of Justice rules that the General Court has erred in annulling the Commission decision qualifying a proposed tax reform as a state aid scheme (Government of Gibraltar)

36

On 15 November 2011, the European Court of Justice (“ECJ”) ruled that the General Court had erred in annulling the Commission decision qualifying Gibraltar’s proposed tax reform as a state aid scheme. The new corporate tax regime that the Government of Gibraltar intended to adopt was (...)

Markus Wellinger The EU General Court orders the EU Commission to pay damages to a third party in State aid proceedings, for disclosing its name and detrimental information relating to it (Idromacchine)

60

The General Court has ordered the European Commission to pay damages to Idromacchine Srl (“Idromacchine”), a third party in state aid proceedings, for disclosing its name and detrimental information relating to it in a Commission decision that was published in the Official Journal. In (...)

Markus Wellinger The EU General Court rules that the EU Commission failed its duty to act following a complaint by low cost airline against alleged State aid to Italian airlines (Ryanair)

42

On 29 September 2011, the General Court handed down its judgment concerning complaints by Ryanair concerning alleged state aid to Italian airlines. The General Court found that the Commission had failed in its duty to act on the complaints. The case stems from letters sent by the low (...)

Markus Wellinger The EU General Court annuls Commission decision finding illegal state granted by Poland and its failure to recover public debts from ailing company (Buczek Automotive)

127

On 17 May 2011, the General Court (“GC”) ruled against a Commission decision dated 23 October 2007 ordering Poland to recover state aid granted to the Polish steel producer Technologie Buczek(“TB”) from TB‘s subsidiary Buczek Automotive sp. z o.o. (“BA”). Confronted with financial difficulties, TB (...)

Markus Wellinger The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)

33

In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

Markus Wellinger The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)

23

In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

Markus Wellinger The EU General Court upholds the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 M in addition to the notified amount, was incompatible with the common market (Italian v. Commission)

29

In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

Markus Wellinger The EU General Court confirms illegality of Italian State aid in shipbuilding sector and rules on temporary application of substantive rules governing State aid (Cantiere navale De Poli)

34

In two judgments of 3 February 2011, the General Court upheld the Commission’s view that a State aid measure, notified by Italy and implemented by allocating an amount of € 10 million in addition to the notified amount (of € 10 million), was incompatible with the common market. The original State (...)

Markus Wellinger The European Court of Justice endorses the “single economic unit” reasoning of the Commission in a decision concerning State aid intended to grant reduction of greenhouse gas emissions (AceaElectrabel)

83

In a judgment of 16 December 2010, the European Court of Justice (“ECJ”) dismissed an appeal brought by AceaElectrabel Produzione SpA (“AEP”) against a judgment of the General Court upholding a Commission decision concerning State aid that Italy intended to grant for the reduction of greenhouse gas (...)

Markus Wellinger The European Court of Justice upholds General Court’s and Commission’s views on illegality of German aid granted to ailing privately-owned company (Kahla Thüringen)

41

On 16 December 2010, the European Court of Justice (“ECJ”) rejected an appeal lodged by Kahla Thüringen Porzellan GmbH (“Kahla Thüringen”) against a judgment of the General Court which upheld a Commission decision ordering the recovery of illegal State aid granted to Kahla Thüringen. Between 1994 (...)

Markus Wellinger The European Court of Justice upholds General Court’s judgment and dismisses action for damages regarding State aid scheme for investment in the less-favoured regions of Italy (Nuova Agricast, Cofra)

53

On 14 October 2010, the Court of Justice sided with the General Court and dismissed an action for damages brought by two Italian companies, Nuova Agricast and Cofra (the “Appellants”), against the Commission. In 1998, following an invitation published by the Italian authorities, the Appellants (...)

Markus Wellinger The EU General Court upholds Commission’s decision ordering recovery of state aid granted through warranties relating to the operation of a leading express transportation’s hub (DHL)

99

On 7 October 2010, the General Court rejected DHL’s application for partial annulment of a decision adopted by the Commission on 23 July 2008 with regard to an agreement concluded between DHL and FLH, the company operating Leipzig-Halle Airport. Under the terms of that agreement, FLH was to (...)

Markus Wellinger The European Commission intends to prolong temporary framework for state aid measures to support access to finance in the current financial and economic crisis

32

In a Communication published on 6 October, the Commission suggests to prolong by one year the so-called Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis (the “Temporary Framework”), which was adopted on 19 January 2009 (...)

Markus Wellinger The EU General Court finds that public statements of support by the French Government did not constitute State aid in favour of the incumbent telecom operator (France Télécom)

55

In a judgment handed down on 21 May 2010, the General Court (hereinafter the “GC”) held that statements by the French authorities aimed at assuring France Télécom (hereinafter “FT”) of their support in the context of a major financial crisis experienced by FT did not constitute State aid. According (...)

Markus Wellinger The European Court of Justice upholds Commission’s appeal against annulment of State aid decision on excise duty exemptions for alumina production (Commission v. Ireland)

57

On 2 December 2009, the Court of Justice (the “ECJ”) set aside the judgment of the Court of First Instance (now the General Court (the “GC”)) that had annulled a Commission’s decision declaring exemptions from the excise duty on mineral oils used as fuel for alumina production in France, Ireland and (...)

Markus Wellinger The EU Court of First Instance dismisses an appeal lodged by Germany against the Commission’s decision ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which provides an exemption from notification for certain aid for SMEs (Germany v. Commission)

50

On 25 November 2009, the Court of First Instance (now the General Court (the “GC”)) dismissed an appeal lodged by Germany against the decision of the European Commission ordering Germany to provide information about a State aid scheme that fell within the scope of Regulation 70/2001, which (...)

Markus Wellinger The European Court of Justice imposes a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to airline company (Olympic Airways)

192

On 7 July 2009, the European Court of Justice (ECJ) imposed a two-fold penalty on Greece under an Article 228 EC procedure for non-recovery of illegal State aid granted to Olympic Airways. The case dates back to 2002 when the Commission found certain aid granted to Olympic Airways incompatible (...)

Markus Wellinger The European Commission extends the application of the communication concerning national aid schemes supporting the production of cinematographic and other audiovisual works (Cinema Communication)

40

The Commission has decided to extend the application of the Cinema Communication, adopted in 2001, until the end of 2012. The 2001 Cinema Communication sets out the criteria that the Commission uses in its assessment of national aid schemes supporting the production of cinematographic and other (...)

Markus Wellinger The European Commission adopts a temporary framework for State aid measures providing member States with additional possibilities to tackle the effects of the financial crisis

69

On 17 December 2008, the Commission adopted a temporary Framework for State aid measures to support access to finance in the current financial and economic crisis. The Framework forms part of the European Economic Recovery Plan announced on 26th November and it introduces a number of temporary (...)

Markus Wellinger The EU Court of First Instance annuls a Commission decision in a State aid case and holds that the Commission failed to examine whether the State measures exceeded the costs incurred by postal incumbent postal in performing services of general economic interest (Deutche Post)

233

On 1 July 2008, the Court of First Instance (hereinafter ‘the CFI’) annulled the Commission decision which had found that certain measures of the German authorities in favour of Deutsche Post amounted to State aid incompatible with the common market. The CFI held, in particular, that the (...)

Markus Wellinger The EU Court of First Instance partly annuls Commission’s decision declaring State aid for air transport losses connected with the New York terrorist attacks incompatible with the common market (Olympiaki Aeroporia Ypiresies)

92

On 25 June 2008, the Court of First Instance (hereinafter the “CFI”) annulled in part the Commission decision declaring certain aid granted to a Greek airline as compensation for losses resulting from the events of 11 September 2001 incompatible with the common market. The CFI held, in (...)

Markus Wellinger The European Court of Justice rules that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to airline company (Olympic Airways Services and Olympic Airlines)

107

On 14 February 2008, the European Court of Justice (the ECJ) ruled that Greece had failed to comply with a Commission State aid decision issued in 2005 by not taking necessary measures to recover illegal aid granted to Olympic Airways Services and Olympic Airlines. The public financial (...)

Markus Wellinger The European Court of Justice rules that a Member State is not required to recover aid that has initially been found unlawful as a result of a failure to notify the aid package to the Commission when this aid has subsequently been declared compatible with the common market (CELF)

69

On 12 February 2008, the European Court of Justice (the ECJ) ruled that a Member State is not required to recover aid that has initially been found unlawful as a result of a failure to notify the aid package to the Commission when this aid has subsequently been declared compatible with the (...)

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