The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”)

In its judgment delivered on 2 May 2011, the Italian Last Instance Administrative Court [1] («Consiglio di Stato«), reversed the judgment of the First Instance Administrative Court («TAR Lazio«) on the «recycling of exhausted batteries« case [2], and upheld the Italian Competition Authority's («ICA«) decision, according to which COBAT's (the Italian consortium for the collection and recycling of used batteries) and the associated smelters companies' conduct was anticompetitive and breached Article 101 TFEU [3]. More specifically, the Consiglio di Stato argued that, although COBAT was entrusted by law with a service of general interest (i.e., environmental and health protection), the derogation from the application of competition rules provided for by Article 8.2 of the Italian Antitrust Act

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  • Bonelli Erede (Rome)

Quotation

Sara Lembo, The Italian State Council quashes a decision from the Court of first Instance having annulled an NCA’s decision concerning service of general economic interest and State action defence (COBAT - "Recycling of exhausted batteries”), 20 May 2011, e-Competitions Bulletin May 2011, Art. N° 37381

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