The European Court of Justice dismisses an appeal against the European Court of First Instance’s judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case)

On 16 July 2009, the European Court of Justice (ECJ) issued its judgment in the appeal of Duales System Deutschland (DSD) against a 2007 judgment of the Court of First Instance (CFI), which had upheld a Commission decision finding that the German recycling company’s licensing scheme for its “Green Dot” logo constituted an abuse of a dominant position. Although the ECJ accepted DSD‘s argument that the length of the CFI proceedings was excessive, it rejected all of DSD‘s other arguments and dismissed the appeal in its entirety. The judgment of the ECJ therefore was fully consistent with the Opinion of the Advocate General. According to the

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute

Quotation

Tim Kasten, Sean Gerlich, The European Court of Justice dismisses an appeal against the European Court of First Instance’s judgment in a case of abuse of a dominant position in the market for collecting and processing packaging waste (’Green Dot’ case), 16 July 2009, e-Competitions Bulletin Licensing agreements, Art. N° 41757

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