Agnès Maitrepierre

CJEU, 1st c., 14 October 2010, Nuova Agricast and Cofra v Commission, Case C-67/09 P The state aid schemes for investments in Italy’s disadvantaged regions will certainly have attracted a lot of attention. They are being examined again by the Court, following a judgment delivered by the Grand (...)

CJEU, e.g. Case C-550/07 P, Akzo Nobel Chemicals and Akcros Chemicals v Commission and Others, 14 September 2010. In a much-awaited judgment delivered by the Grand Chamber, the Court of Justice confirmed its relatively old case-law (judgment of 18 May 1982, AM&S Europe v. Commission, (...)

CJEU, 2 September 2010, Commission v Scott, Case C-290/07 P CJEU, 2 September 2010, Commission v Deutsche Post, Case C-399/08 P In two judgments delivered on the same day, the Court ruled on the scope of the CFI’s judicial review in State aid matters, on two different aspects, concerning, on (...)

CJEU, 1st July 2010, Knauf Gips v Commission C-407/08 P In a cartel case on the plasterboard market, for which the Commission imposed heavy fines, the Court draws the consequences of its well-established case-law on access to the file, which was summarised in its judgment of 7 January 2004, (...)

ECJ, 29 June 2010, Commission v. Alrosa, case C-441/07 P In a long-awaited judgment delivered by a Grand Chamber, the Court of Justice rules, for the first time, on the commitments procedure instituted by Regulation No 1/2003 and introduced in France by Order 2004-1173 of 4 November 2004 (...)

CJUE, May 20, 2010, Scott and Kimberly Clark v. City of Orléans, Case C-210/09 In response to a question referred by a French court for a preliminary ruling, the Court of Justice provides useful clarifications concerning the office of the national court in the context of assessing the validity (...)

ECJ (Pres. Order), 30 April 2010, Ziegler v. Commission, Case C-113/09 P (R) Ruling on an appeal against an order for interim measures made by the President of the Court of First Instance of the European Union (CFI), the President of the Court of Justice provides interesting clarifications on (...)

CJ(EU), ch. gde, 2 December 2009, Commission v. Ireland and Others, Case C-89/08P. By a judgment of principle, delivered in Grand Chamber, the Court of Justice, for the first time, censures a judgment of the Court of First Instance for having infringed the principle of adversarial proceedings (...)

– ECJ, 6 October 2009, GlaxoSmithKline a.o., joined cases C-501/06, C-513/06, C-515/06 and C – 519/06P The Court provides useful clarifications on two sets of procedural questions: first, on the admissibility of appeals, both autonomous and incidental, and, second, on the proof of the (...)

Trib. UE, 17 December 2009, Solvay v Commission, Case T-57/01 In a much-awaited judgment, which concerns facts dating back more than 20 years, the CFI rules on a series of procedural questions, some of which are not unrelated to the vicissitudes of this case. The factual and procedural (...)

– ECJ, 3 September 2009, Papierfabrik August Koehler AG a.o. v. Commission, joined cases C-322/07 P, C-327/07 P and C-338/07 P Following on from the judgment which has just been commented on, the Court is once again ruling on the length of time it takes to bring a competition case before the (...)

– ECJ, exe ch. 16 July 2009, Der Grüne Punkt v Commission, Case C-3 85/07P. In a judgment of principle delivered by the Grand Chamber, the Court of Justice, while confirming its case-law on the review and sanctioning of time-limits for judgments before the CFI, has made a further (...)

– ECJ, e.g. Case C-369/07, Commission v. Hellenic Republic, 7 July 2009. In a judgment delivered in Grand Chamber, no doubt because of the importance of the political and financial interests at stake and the desire to give a certain impact to its decision in the face of a particularly heated (...)

ECJ, 11 June 2009, Inspecteur van de Belastingdienst v. X BV, case C-429/07 For the first time, the Court of Justice, seised in the context of preliminary ruling proceedings, has ruled on the question of the scope of Article 15(3) of Council Regulation No 1/2003 of 16 December 2002 on the (...)

CFI, 5th ch., 11.3.09, TF1 v Commission, box T-354/05 This judgment provides a series of interesting clarifications on the admissibility of an action brought against a decision adopted by the Commission under the procedure laid down in Article 19(1) of Regulation No 659/1999 (Council (...)

CJCE, grande ch, 22 December 2008, Régie Networks v Direction de contrôle fiscal Rhône-Alpes Bourgogne, case C-333/07 By a judgment, adopted by the Grand Chamber, which deserves to be noted in several respects, both on substantive and procedural questions (reference on the substantive question to (...)

ECJ, 3rd c., 22 December 2008, British Aggregates Association v. Commission, Case C-487/06P. Once again, the Court of Justice expresses its attachment to its case-law on the duality of the system of access to the Community courts, to which an economic operator is subject when bringing an (...)

CJEC, 3rd chamber, 18 December 2008, Coop de France bétail et viandes, FNSEA and Others v Commission, cases C-101/07 P and C-110/07 P. (on this case, see also note by M. D., Chronique Ententes, ConcurrencesNo. 1-2009). In a judgment, adopted by the ordinary bench (five judges), but of major (...)

Once again, the Court confirms its case-law on the duality of the system of access to the Community court system, to which an operator is subject when bringing an action against a Commission decision, adopted on the basis of Article 88(3) of the EC Treaty, not to raise objections to State aid. (...)

In the margins of the case MyTravel v Commission (T-212/03) on the Commission’s liability for the assessment of the merger between Airtours (now MyTravel) and First Choice (Decision 2000/276/EC of 22 September 1999, Case IV/M.1524 - Airtours v First Choice, OJEC 2000, L 93, p. 1), a dispute (...)

TABLE OF CONTENTS OPENING REMARKS Mr Jean-Marc SAUVÉ, Vice-President of the Conseil d’Etat Mr Mario MONTI, Former European Commissioner for Competition, President of the Bocconi University of Milan IS STATE AID CONTROL POLICY A COMPETITION POLICY? Introduction: Mrs Marie-Dominique (...)

In a judgment already mentioned in connection with the concept of State aid (cf. Concurrences, No. 4-2008, "State aid" column, commentary by Jean-Yves Chérot), the Court examines several procedural issues that are worth noting. This case, which has long been between several express delivery (...)

ECJ, 22 May 2008, Evonik Degussa GmbH v Commission, Case C-266/06 P By a judgment delivered without an Opinion of the Advocate General, in a case which does not raise any new point of law but which nevertheless merits mention, the Court confirms its case-law on the method of determining the (...)

ECJ, 22 April 2008, Commission v. Salzgitter AG and Federal Republic of Germany, case C-408/04 P In a judgment delivered by the Grand Chamber, which is in line with the remarkable conclusions of the Advocate General, the Court clarifies, in the field of State aid, the relationship between the (...)

ECJ, 15 April 2008, Nuova Agricast Srl v. Ministero delle Attività Produttive, case C-390/06 By a preliminary ruling delivered by the Grand Chamber, the Court recognises the validity of a Commission decision not to raise objections to a State aid scheme concerning investment in the (...)

European Court of Human Rights, 3rd section, 21 February 2008, Ravon a.o. v. France, no. 18497/03 In a judgment which received the unanimous support of the seven judges who formed the composition of the judgment, which can only draw attention, the European Court of Human Rights ruled that the (...)

CFI, 16 January 2008, Scippacercola and Terezakis v. Commission, Case T-306/05. By a judgment, the reasoning of which appears to be more in keeping with a particularly marked concern for completeness and precision than with the innovative nature of the solutions adopted, the Court of First (...)

ECJ, 29 November 2007, Stadtwerke Schwäbisch Hall a.o., case C-176/06 P By a judgment delivered without an Opinion of the Advocate General, in a case which therefore does not raise any new point of law, but which nevertheless deserves to be pointed out, the Court has fulfilled its role as (...)

ECJ, 22 November 2007, Spain v. Commission and Lenzing AG, case C-525/04 P ECJ, 22 November 2007, Sniace v. Commission, case C-260/05 P In two judgments delivered on the same day, the Court of Justice provided certain clarifications or clarifications on the conditions under which an (...)