Agnès Maitrepierre

French Court of Cassation (Paris)
Judge (French Supreme Court)

Judge ("conseiller référendaire") at the French Supreme Court ("Cour de cassation") since 2006, in the commercial, financial and economic chamber, she is specialized in competition, costums and european law litigations. Prior to joining the Supreme Court, she spent four years (2002-2006) on detachment at the European Court of Justice, as a legal secretary, in the cabinet of the french Advocate General, M. Philippe Léger. She also worked several years (1999-2002) at the Ministry for Foreign Affairs as Agent for the French Gouvernement before the European Court of Justice. Graduated of the Ecole Nationale de la Magistrature, she started her judicial career in 1994. She has published several articles for the "Annuaire de droit européen", chronique de jurisprudence communautaire (ed. Bruylant,) and the "Commentaire article par article des traités UE et CE", in the field of competition law, articles 81 to 86 (ed. Helbing&Lichtenhahn, Dalloz, Bruylant, 2008).

Linked authors

French Court of Cassation (Paris)
French Court of Cassation (Paris)
French Court of Cassation (Paris)
French Court of Cassation (Paris)
Université Toulouse 1 Capitole


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Agnès Maitrepierre State aid - Role of National courts: The Court of Justice declares that Italy failed to adopt the measures necessary to abolish an aid scheme implemented in favour of newly listed companies and to recover from the beneficiaries the aid granted under that scheme (Italy)


CJEU, 1st c., 22 December 2010, Commission v. Italy, Case C-304/09 After France and Greece, it is now Italy’s turn to be found guilty of failure to fulfil its obligations in the field of State aid (see judgments of 5 October 2006, Commission v France, C-232/05, ECR p. I-10071 and of 14 February (...)

Agnès Maitrepierre Dispute resolution - Access to the local loop: The Court of Cassation receives the report of the case handler on the jurisdiction’s extent of the telecom regulator to decide a tariff dispute between parties to an agreement access to the local loop (SFR/France Télécom)


I. Background and procedure Neuf Cegetel, which holds the rights of Neuf Télécom and Cegetel and the rights of Société française de radiotéléphone (the alternative operator), was an electronic communications operator authorized under Article L. 33-1 of the French Post and Electronic Communications (...)

Agnès Maitrepierre Regulation 1/2003: The Court of Justice allows National Competition Authority to participate, as a defendant or respondent, in judicial proceedings brought against a decision that the authority itself has taken (VEBIC)


CJEU, ch. gde, December 7, 2010, VEBIC, aff. C-439/08 In a long-awaited judgment delivered by the Grand Chamber, the Court of Justice has made a further contribution to ensuring the effective application by national authorities of the Treaty rules on anti-competitive practices. It is a perfect (...)

Agnès Maitrepierre Time-limits for commencing proceedings: The Court of Justice precises the case law on the starting point of the time within which an action for annulment must be brought (Transportes Evaristo Molina)


CJEU, 11 November 2010, Transportes Evaristo Molina v.Commission, Case C-36/09 P In a judgment delivered on 11 November 2010, in a panel of three judges, the Court of Justice makes a clarification which it is worth pointing out on the starting point of the time-limit for bringing an action (...)

Agnès Maitrepierre Antitrust - Legal privilege : The ECJ rules that in the field of competition law, internal company communications with in-house lawyers is still not covered by legal professional privilege (Akzo Nobel Chemicals e.a.)


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, (...)

Agnès Maitrepierre Recovery of State aid: The General Court issues a decision conciliating the principle of effective judicial protection and the requirement of immediate and effective recovery of State aid (Scott et Kimberly Clark)


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 (...)

Agnès Maitrepierre Interim measures - Role of the President of the EU Court of justice: The ECJ hearing the application for interim measures owns a broad discretion during the procedure (Ziegler)


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 (...)

Agnès Maitrepierre Art. 15.3 Reg. 1/2003: The ECJ rules that the European Commission is allowed to submit on its own initiative written observations to a national court in proceedings relating to the deductability from taxable profits of the amount of a fine imposed by the Commission (Inspecteur van de Belastingdienst/X)


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 (...)

Agnès Maitrepierre Temporal limitation of an ECJ ruling: The ECJ decides that the effects of the declaration that the decision is invalid will be suspended pending the adoption of a new decision by the Commission (Régie Networks)


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 (...)

Agnès Maitrepierre Locus standi - Art. 88.3 EC: The ECJ holds that the settled case law about the admissibility of the action against the decision not to raise objections applies equally to individual aid and general schemes (British Aggregates)


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 (...)

Agnès Maitrepierre Access to the documents : The CFI rules that the protection of the integrity of the institutional decision-making process precludes the disclosure of Commission internal documents used for the purpose of deciding whether to appeal a case (MyTravel)


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 (...)

Agnès Maitrepierre, Alain Ménéménis, Amandine Zelenko, Anne Fort, Carine Soulay, Christian Lambert, Christopher Bellamy KC, David Spector, Denys de Béchillon, Emmanuel Glaser, Eric Ginter, François Tanguy, Guylain Clamour, Jacques Biancarelli, Jacques Derenne, Jean-Christophe Moraud, Jean-Claude Bonichot, Jean-Louis Colson, Jean-Marc Sauvé, Jean-Yves Chérot, Laurent Richer, Marie-Christine Lepetit, Marie-Dominique Hagelsteen, Mario Monti, Philippe Martin, Pierre-François Racine State Aid Colloquium, 14 March 2008


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 (...)

Agnès Maitrepierre Art. 6.1 ECHR: The ECJ accepts that a judge who heard and ruled upon a case as president and judge-rapporteur, sits again, as judge-rapporteur, on the same case (Chronopost)


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 (...)

Agnès Maitrepierre Equal treatment - State aids: The ECJ holds lawful, on the basis of the principle of equal treatment a Commission’s decision not to raise objections a State aid regime (Nuova Agricast)


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 (...)

Agnès Maitrepierre Locus standi - Art. 88.3 EC decision : The ECJ, regarding the subject-matter of the proceedings, rises of its own motion an issue concerning the admissibility of an action against a Commission decision in the field of State aid (Stadtwerke)


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 (...)

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