Sally Janssen

European Court of Justice (Luxembourg)
Lawyer

Ms. Janssen is a lawyer at the Court of Justice of the EC (Department research and documentation). She was a lecturer at the Department of European and International Public Law of the University of Tilburg, junior-member Tilec (Tilburg Law and Economics Center) between 2003 and 2006. She holds a n LL.M in European and International Law of the University of Tilburg, the Netherlands.

Linked author

European Commission - DG HR (Brussels)

Articles

84501 Bulletin

Sally Janssen, Tristan Baumé The Dutch Trade and Industry Appeals Tribunal holds that undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange do not have any effect on their conduct on the market (KPN, Orange, Telfort, T-Mobile, Vodafone Libertel)

2659

The Dutch Trade and Industry Appeals Tribunal has held that by virtue of Article 6 of the ECHR, undertakings participating in an exchange of information amounting to a concerted practice should not be required to adduce irrefutable evidence that such exchange did not have any effect on their (...)

Sally Janssen, Tristan Baumé A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent)

547

Essent, Delta, and Eneco are three vertically integrated energy companies active in the production, trade and distribution of electricity and gas. They supply end-consumers through their own electricity and gas networks. Each group’s networks are managed by separate network operators, (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal holds, after having heard the EU Commission’s submissions provided as amicus curiae on the basis of Art. 15.3 Reg. 1/2003, that fines imposed by the EU Commission for breach of competition rules are not deductible from taxable profits (X B.V. Belanghebbende / Inspecteur Belastingdienst)

796

The present judgement from the Gerechtshof Amsterdam (the Court of appeal of Amsterdam) follows the preliminary ruling issued by the European Court of Justice on 11 June 2009 in case C-429/07, Inspecteur van Belastingdienst v. X BV. The case at hand relates to a dispute between company X and (...)

Sally Janssen, Tristan Baumé The Dutch Supreme Court annuls a judgment of the Court of Appeal for error in market definition and lack of analysis of the franchise agreement’s restrictive object in the light of its context (Prisma Vastgoed, Prisma Food Retail / Verweerders)

2962

In 1989, Prisma rented out a supermarket to the defendant. The rental agreement provided for an option to purchase the supermarket in favour of the defendant, which could be exercised on 30 April 2001. This agreement further provided that in case the defendant purchased the supermarket, it (...)

Sally Janssen, Tristan Baumé The Dutch Court of First Instance of Arnhem holds, in interlocutory proceedings, that a non-compete clause concluded in a franchise agreement, which was not exempted under the vertical agreements and concerted practices Regulation was enforceable (Bruna)

2381

In March 1999, a franchise agreement was concluded for a period of five years between Bruna, the franchisor, and the defendant in this case, the franchisee. After renewal in 2004, this agreement was prolonged until 1 August 2009. The defendant was given the right to use the Bruna system for the (...)

Sally Janssen, Tristan Baumé The EU Court of Justice, issuing a preliminary ruling in answer to a reference made by a Dutch Court, holds that the Commission may submit on its own initiative, on the basis of Art. 15.3 of Reg. 1/2003, written observations to national courts in proceedings relating to the deductibility from taxable profits of the amounts of a fine imposed for infringement of Art. 81 and 82 EC (X BV)

1701

On 11 June 2009, the ECJ issued a preliminary ruling in answer to a reference made by the Court of Appeal of Amsterdam, which asked whether the Commission was competent, under Article 15(3) of Regulation n° 1/2003 , to submit, on its own initiative, written observations to a national court in (...)

Sally Janssen, Tristan Baumé The Supreme Court of the Netherlands declares that the national provision equivalent to Art. 81 EC is not a provision of public policy and, as a consequence, may not be applied ex officio by Dutch courts (De gemeente Heerlen / Whizz Croissanterie)

1968

The municipality of Heerlen is the owner of four buildings located in a shopping street of that city. In order to erect those buildings, the municipality concluded an agreement with Whizz in November 1999, according to which Whizz had to evacuate the kiosk within which it was running his (...)

Sally Janssen, Tristan Baumé A Dutch Court confirms the annulment of a decision adopted by the NCA on ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP, NVVP, LVE)

1904

In April 2004, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon NIP, NVVP, and LVE, three professional associations in field of psychological services, for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). Furthermore, the NMa (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that fines imposed by the NCA for infringements of the national competition act are not deductible for corporate tax purposes, while fines imposed by the European Commission are partly deductible (X/NMa)

1533

One more time, the Rechtbank of Haarlem has been faced with the issue of the deductibility for corporate tax purposes of fines imposed for breach of competition law. The case at issue concerns an undertaking active in gardening services (hereafter: “X”) which was fined by the Dutch competition (...)

Sally Janssen, Tristan Baumé The Dutch Court of Appeal of the Hague, after having saught the opinion of the European Commission, holds that a decision adopted by a mussel farmers association did not breach Art. 81.1 EC (Vereniging Productenorganisatie van de Nederlandse Mosselcultuur / Praet en Zonen)

3508

In 1998, PO, a cooperative association of mussel farmers, adopted a regulation (hereafter the “1998 regulation”) providing for the allocation to its members of the mussel seeds quantity that they could fish, of which the total amount is determined by government on a yearly basis. On 25 January (...)

Sally Janssen, Tristan Baumé A Dutch Court makes a reference for a preliminary ruling to the ECJ concerning the application of Art. 81.1 EC to concerted practice between mobile phone operators (KPN Mobile)

7670

In December 2002, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon five Dutch mobile phone companies for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). The NMa found that those mobile phone operators exchanged confidential (...)

Sally Janssen, Tristan Baumé A Dutch Court holds anticompetitive the termination of a dealer agreement for non-compliance by the retailer with the recommended retail prices (Design v. Eastborn Slaapsystemen)

2603

MF Design is one of the three hundred retailers in the Netherlands selling bedroom necessities manufactured by Eastborn Slaapsystemen (hereafter “Eastborn”). Eastborn used to issue recommended retail prices, which were published in its price catalogue. In 2004, MF Design announced on its website (...)

Sally Janssen, Tristan Baumé A Dutch Court rules on the anticompetitive effects of an obligation to offer for sale a supermarket in case of termination of a franchise agreement in the large retail distribution sector (Prisma)

6976

The present case was concerned with the restrictive effects, under competition law, of contractual conditions surrounding the ending of a franchise agreement in the supermarket sector. The facts of the case were the following. In 1989, Prisma, the legal successor of Flevozoom Vastgoed B.V., (...)

Sally Janssen, Tristan Baumé A Dutch Court applies for an ECJ preliminary ruling on the application of Art. 15.3 Reg. n° 1/2003 by the EC Commission within the framework of a tax case raising only indirectly EC competition provisions (X B.V. Belanghebbende/Inspecteur Belastingdienst)

3014

In November 2002, the European Commission imposed a fine upon a Dutch company, (hereafter “X”), for breach of Article 81 EC. The payment of this fine was partly made by another company affiliated to X. Under Dutch tax law, a fine imposed upon a company by a Community institution may not be (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that a State aid to a coal gasification plant notified to the EU Commission is included in the scope of a former positive Commission decision and refuses to await the second Commission’s decision (Demkolec/NV SEP)

4718

The case at hand concerns an experimental coal gasification plant, Demkolec, owned by NV SEP, the legal predecessor of Nederlands Elektriciteit Administratiekantoor (NEA). The Dutch public authorities decided to support the building of Demkolec for environmental reasons. Since the beginning, (...)

Sally Janssen, Tristan Baumé A Dutch Court significantly reduces the fines imposed by the NCA for price and rebates coordination on bicycles markets pursuant to both Art. 81 EC and national provisions (Giant Europe, Accell Group and Gazelle/NMa)

3696

On 18 July 2007, the Court of First Instance of Rotterdam (hereafter the ‘Rechtbank’) ruled on an appeal introduced against a decision adopted by the Dutch Competition Authority (Nederlandse Mededingingsautoriteit, hereafter the ‘NMa’) concerning a cartel between three Dutch companies engaged in (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that an exclusive purchasing agreement relating to the exploitation of a service station cannot benefit from the EC block exemptions (BP Nederland v. V.O.F)

2645

District Court of Utrecht (Rechtbank Utrecht), 9 May 2007, BP Nederland B.V. v. V.O.F., Case 508927 AC EXPL 07-609 (LJN: BA5375) On 23 September 1994, BP and the defendant concluded an exploitation agreement according to which the defendant obtained the right to exploit BP’s outlet for the sale (...)

Sally Janssen, Tristan Baumé A Dutch Court holds that a 5 years non-compete clause is disproportional in view of its goal and constitutes a restriction by object (Heijmans beton/Nederveen)

3227

Court of First Instance of ‘s-Hertogenbosch (Rechtbank ‘s-Hertogenbosch), 28 March 2007, Heijmans beton- en waterbouw speciale technieken B.V. e.a., v. de besloten vennootschap met beperkte aansprakelijkheid H.M. Nederveen Holding B.V. e.a., Case 133181/HA ZA 05-2282, LJN: BA2126 In this case, (...)

Sally Janssen, Tristan Baumé A Dutch Court decides, in an interlocutory proceeding, that the nullity of a price-fixing clause brings along the nullity of the franchise agreement as a whole, including its non-compete clause (Make It Easy)

10015

Several franchise agreements were concluded between Make It Easy B.V. and Make It Easy Reality B.V. (hereafter the franchisers) on the one hand, and Make it Easy Gelderland V.O.F as well as other undertakings (hereafter the franchisees), on the other. According to these franchise agreements, (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal refuses to order the Municipality to suspend an investment which was liable to constitute a State aid, although the Commission has started an Art. 88.2 EC procedure (UPC/Gemeente Amsterdam)

4847

Court of Appeal of Amsterdam (Gerechtshof Amsterdam), 18 January 2007, UPC Nederland B.V. v Gemeente Amsterdam (Municipality of Amsterdam), Decision n° AZ6508, Case 1252/06 KG UPC is an undertaking which provides telecommunications services, such as television, telephony and broadband (...)

Sally Janssen, Tristan Baumé A Dutch Court considers that municipalities should be regarded as economic entities when they grant exclusive rights for outdoor advertising (KPN/JC Decaux)

5789

KPN is an undertaking which provides telecommunication services within the Netherlands. According to the Dutch Telecommunications Act, KPN had to ensure the availability of at least one public pay telephone in every residential dwelling zone of more than 5000 inhabitants. As KPN wished to (...)

Sally Janssen, Tristan Baumé A Dutch Court decides that vertical agreements which are not covered by EC Reg. n° 2790/1999, because they have as their object the restriction of the territory into which the goods may be sold, are not caught by competition rules in view of their insignificant effect on competition ("Bread products case")

3249

X is a partnership under Dutch law which has made several agreements with retailers, including Y. According to the agreements, X delivers, under certain conditions, bread products to the retailers. These bread products are then sold by the latter to consumers. X has initiated a proceeding (...)

Sally Janssen, Tristan Baumé The Amsterdam Court of Appeal refuses to recognise the tortious liability of recipients of State aids that have not been notified to the EC Commission in accordance with Art. 88.3 EC (Baby Dan)

6093

Court of Appeal of Amsterdam (Gerechtshof Amsterdam), 29 June 2006, Baby Dan A/S v. De Risse, WeDeKa, Bruca Producten B.V. and De Sluis Groep N.V. , Case 829/05 (LJN: AZ1425) Baby Dan is a company which produces security devices for babies, such as stair gates, i.e. gates impeding babies’ (...)

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