Elias Berkani

Schmitt Avocats (Paris)
Lawyer (Associate)

Elias Berkani is an associate at Schmitt Avocats A.A.R.P.I. Elias advises on all aspects of French Public Business and Economic Law (public procurements, utilities and regulated industries, public bodies economical interventions, privatizations) and Competition Law (Anticompetitive practices, in particular from public bodies, and state aids). He graduated from the Public Business Law Institute (University of Paris-Sud Sceaux and Paris Bar, 2002) and has a DEA in Public Business Law (University Paris-X Nanterre, 2000) and a DESS in Economic Public Sector Law (University Paris-I Panthéon-Sorbonne, 1999). He has been admitted at the Paris Bar in 2003. He speaks fluent French and English and reads Italian.

Articles

77638 Bulletin

Elias Berkani The French Administrative Supreme Court rules that it has jurisdiction to impose compensations to undertakings punished by competition authorities as they have misled a contracting authority during public procurement award procedures (SNCF vs. Campenon-Bernard and others)

2177

The commented decision presents a new important step regarding the integration of competition rules into French administrative law and its consequences for administrative litigation rules. It also puts an end to an important dispute opposing SNCF, the French public railways operator, and (...)

Elias Berkani The French Administrative Supreme Court confirms the classification as State aid of the subsidies granted for handling small orders of French-language books but refers to the ECJ for a preliminary ruling concerning the range of the obligation of restitution of an unnotified aid (CELF I)

7090

By a decision of 5 October 2004, the Administrative Court of Appeal of Paris classified as a State aid the subsidies granted by the French State to the Centre d’Exportation du Livre Français (“CELF”), entity created at the end of the 70’s to contribute to the diffusion of French-language books (...)

Elias Berkani The French Administrative Supreme Court decides that the contracts signed by Ryanair with the Strasbourg airport are State aids subjected to the obligation of prior notification to the EC Commission (Strasbourg Chamber of Commerce and Industry/ Ryanair)

4855

By a decision of 27 February 2006, the Conseil d’Etat, the French Administrative Supreme Court, definitively closed the case concerning the conditions under which a new route between Strasbourg and London was opened and exploited by the low cost airline company Ryanair (hereafter “Ryanair”). The (...)

Elias Berkani A French Court rules that the use of a tax on certain advertising expenses, which finances modernization projects in the sector of the general press, is a State aid and is illegal for lack of notification (Auchan France)

6504

By decision of 25 October 2005, the Administrative Court of Appeal of Douai ruled that the use of the Tax on certain advertising expenses, which mainly finance the Found for Modernization of the Daily Press for general and political information, is a state aid in the meaning of Article 87 EC (...)

Elias Berkani A French Court rules that a contract passed between a regional airport and a low cost airline company to develop a new route is invalid for lack of notification to the EC Commission in breach of Art. 88.3 EC (Air Méditerranée/Ryanair)

4816

By a judgement of 3 May 2005, the Administrative Court of Pau (“Tribunal administratif de Pau”) confirmed that regional airports managers face serious legal difficulties when they plan to create new international routes with the help of low cost airline companies by according them substantial (...)

Elias Berkani The French Supreme Court refers to the ECJ for a preliminary ruling concerning (i) the repayment of a mandatory contribution based on the turnover of pharmaceutical laboratories and (ii) national rules of procedure leading to State aid classification (Laboratoires Boiron)

4949

By decision of 14 December 2004, the French Cour de Cassation referred to the European Court of Justice (ECJ) for a preliminary ruling concerning the classification as state aid of the contribution instituted by Article L. 245-6-1 of the Social Security Code and the way to obtain its (...)

Elias Berkani The French Supreme Court refers to the ECJ for a preliminary ruling concerning the qualification as State aid of the French mutual assistance tax for the benefit of traders and craftsmen (Magasins Galeries Lafayette)

4340

By decision of 16 November 2004, the French Supreme Court, the Cour de Cassation, referred to the ECJ for a preliminary ruling, under Article 234 EC, concerning the classification as state aid of the French mutual assistance tax for the benefit of traders and craftsmen (the Tax). This Tax, (...)

Elias Berkani French Courts ruled that contracts passed between the airport of Strasbourg and a low cost airline company is a State aid submitted to notification to the EC Commission (Brit Air/Ryan Air)

4929

Administrative Court of Strasbourg (Tribunal Administratif de Strasbourg), 24 July 2003, Société Brit Air vs. Chambre de Commerce et d’Industrie de Strasbourg and Société Ryan Air, n°02-046541 Administrative Court of Appeal of Nancy (Cour Administrative d’Appel de Nancy), 18 December 2003, Chambre de (...)

Elias Berkani The French administrative supreme Court refused to classify as State aid the financial conditions of the obligation to purchase wind power electricity considering these are not granted through State ressources (UNIDEN)

6129

On the 10 February 2000, the French Parliament enacted an obligation to purchase electricity produced by installations of renewable energies not exceeding 12 megawatts while adopting the Law relating to the development and the modernization of the public service of the electricity. This Law (...)

Elias Berkani The French administrative supreme Court ruled that a new tax aimed at replacing an unlawful State aid is not by itself an other unlawful State aid (SNIP)

4197

French Administrative Supreme Court (Conseil d’État), 3 December 2001, Syndicat National de l’Industrie Pharmaceutique, Case n° 226514 This French State’s Council case Syndicat National de l’Industrie Pharmaceutique is well known for its contribution to the relationship between EC law and French (...)

Elias Berkani The Paris Administrative Tribunal confirmed the principle of the restitution of an incompatible State aid following a decision of the European Commission (Boussac Saint Frères)

4281

French Administrative Tribunal of Paris (Tribunal Administratif de Paris), 16 February 1994, Boussac Saint Frères, Cases n° 9008722/3 and 9106936/3 Between June 1982 and August 1984, the French State granted financial support to Boussac Saint Frères, a company active in the textile and clothing (...)

Elias Berkani The French judiciary and administrative supreme Courts both consider that a copyright levy is not a State aid (Techni Import Professionnel - Syndicat des Industriels des Matériels Audiovisuels Electroniques)

4509

French Civil Supreme Court (Cour de Cassation), 4 January 1994, Société Techni Import Professionnel (TIP), Case n° 91-12279 French Administrative Supreme Court (Conseil d’Etat), 19 March 1997, Syndicat des Industriels des Matériels Audiovisuels Electroniques et autres, Case n° 81627 Since its (...)

8002 Review

Elias Berkani Competition Law and Public Procurement : An «inventory of fixtures»

8002

1. Au cours d’un atelier de la concurrence organisé le 5 juin 2002 par les services de la DGGCRF sur le thème Commande publique et concurrence, Monsieur Noël Diricq, chef du service de la régulation et de la sécurité, clôturait ainsi les débats : «La question de l’articulation entre la concurrence et la (...)

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