Carlos Botelho Moniz joined MLGTS in 2001 as a partner. He coordinates the European Law and Competition team. His experience includes advising and representing clients in competition cases, both at the national and European level, in the areas of anti-trust, merger control, state aids and services of general economic interest. He has extensive experience in representing Portuguese authorities and private parties before the European Court of Justice and the General Court of the European Union. He has been legal counselor in several leading cases. He also has significant experience in cases brought before the European Court of Human Rights. Carlos is a Visiting Professor of EU Litigation at the Law School and at the Institute of European Studies, both at the Portuguese Catholic University.
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Background & facts of the case The Agriculture and Fisheries Funding Institute (“AFFI”) adopted an act unilaterally modifying a funding agreement entered into with a beneficiary on 14 January 2013 and ordering the reimbursement of € 30,964.78, previously attributed as a non-refundable (...)
65
Background and facts of the case The appellant undertaking brought a claim before the Supreme Administrative Court (“SAC”) against the sentence rendered by the Leiria Administrative and Tax Court, which dismissed the judicial claim brought against the payment of additional Corporate Income (...)
36
Background & facts of the case The municipality of Miranda do Douro brought a claim before the Supreme Administrative Court (“SAC”) against the ruling rendered by the Northern Central Administrative Court, which considered that the conditions for the exemption of property transfer (...)
53
Background & facts of the case The Appellant, a company in the sector of retail distribution of food products that owns and manages several brands and shops, brought a claim before the Southern Central Administrative Court (“SCAC”) against the sentence rendered by the Lisbon (...)
31
Background and facts of the case This judgement arises from an appeal against the ruling issued by the Administrative and Tax Court of Viseu, which dismissed the action brought by the appellant against the decision of the Wine and Vine Institute (Instituto do Vinho da Vinha) ordering the (...)
31
Background and facts of the case In the context of the judicial liquidation process of the Portuguese bank Banco Privado Português, S.A. (“BPP”), the creditors filed an appeal before the Lisbon Court of Appeal against the final decision, in which certain credits were judged to be recognized (...)
167
I. Background The Portuguese Competition Authority (PCA) decision of 21 March 2013, in case PRC 2009/12, was triggered by an antitrust complaint of June 2009, filed by a national online retailer (Pet4you) active in the sale to end consumers of aquarium products against Sera GmbH and Sera (...)
257
I. Introduction On April 20, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Powervia, S.A. (Powervia), an investment fund, notified the acquisition of sole control over the following companies: Laso – Transportes, S.A., Auto – Laso, S.A. and (...)
242
I. Background The Portuguese Competition Authority (PCA) decision of 12 April 2012, in case PRC 2008/10, was triggered by an antitrust complaint lodged on June 2008 against Roche Farmacêutica Química, Lda (Roche) by a competitor also active in supply of medicinal products to Portuguese (...)
254
I. Introduction On December 9, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Zon TV Cabo Portugal (Zon) notified the acquisition of a group of assets, specifically the residential customers of AR Telecom – Acesso e Redes de Telecomunicações (AR (...)
30
Background & facts of the case This was a legal action brought before the Supreme Administrative Court (“SAC”) by several entities – among them ANTROP, an association of urban passenger transport service providers – against a Resolution of the Council of Ministers that, in 2003, imposed (...)
288
I. Introduction The Portuguese Association of Chartered Accountants (“Ordem dos Técnicos Oficiais de Contas”) (ACA) judicially appealed to the Lisbon Commerce Court the national Competition Authority decision which applied a fine €114.654,10 based on an alleged illegal decision of the (...)
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I. Background The Portuguese Competition Authority (PCA) decision in case PRC 2008/09, was triggered by an anonymous retailer antitrust complaint (imperceptibly signed and without sender) lodged against Royal Canin Portugal, S.A. (Royal Canin). The complaint argued that supplier Royal Canin (...)
395
In May 2008 the Lisbon Commerce Court issued a ruling (case 48/08.7TYLSB) that quashed the Portuguese Competition Authority’s decision of 2007 (case PRC 20/05) that found out that two companies (Aeronorte and Helisul) had engaged in a bid-rigging cartel for the provision of helicopter services (...)
95
I. Introduction On October 11, 2007, the Portuguese Competition Authority (PCA) was notified of a concentration under which Associated British Foods, Plc (ABF) notified the acquisition of sole control over several assets and companies of GBI Holding, B.V., including in Portugal GBI, (...)
189
I. Introduction On March 28, 2007, the Portuguese Competition Authority (PCA) was notified of a concentration under which Carlyle Europe Real Estate Partners (Carlyle) notified the acquisition of sole control over Freeport Leisure Plc (Freeport), through a takeover bid of the share capital (...)
227
I. Introduction On December 23, 2005, the Portuguese Competition Authority (PCA) was notified of a concentration under which Alliance Santé Europe, S.A. (Alliance Santé), Farmindústria – Investimentos, Participações e Gestão, S.A. (Farmindústria) and José de Mello Participações II, SGPS, SA (...)
25
Background and facts of the case The case of Fábrica de Tabacos Micaelense concerns an appeal brought by a tobacco company based in Ponta Delgada, in the Portuguese Autonomous Region of Azores before the Full Chamber of the Supreme Administrative Court (“SAC”) regarding a chamber judgment of (...)
34
Background & facts of the case The issue regarding the present case first arouse after a decision of the Board of Directors of the Hospital of Oliveira de Azeméis, which had awarded the Portuguese Red Cross (“Cruz Vermelha Portuguesa” or “CVP”) with the public contract for patient (...)
