European Court of Justice (Luxembourg)

Georges Vallindas

European Court of Justice (Luxembourg)
Référendaire

Dr. Georges Vallindas is Référendaire (law clerk) at the Court of Justice of the European Union. Following a Stage with the President of the Court, he worked from 2008 to 2013 for Judge Soldevila Fragoso at the EU General Court before joining Judge Prof. Rodin at the Court of Justice in September 2013. His published PhD, “The Rationality of EU Merger Control”, has received the “Best PhD in European law Award” from the Aix en Provence Faculty of Law (AixMarseille University). After his LLM in EU Law, he earned a French government Teaching and Research Fellowship in EU, Constitutional and Economic Law while successfully coaching the Aix en Provence European law Moot Court Team for five years. He joined the ELMC Society Board in 2009, managing the most important EU law university competition, before being elected President since April 2013. Next to his work at the CJEU, Georges Vallindas is still an active EU law academic teaching in Luxembourg and Lyon, writing papers and participating to international conferences & research programs. His second book, Droit européen des concentrations, was published by Bruylant (Brussels, 2017).

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Articles

30572 Bulletin

Georges Vallindas Amicus Curiae: An overview of EU and national case law

1456

Amicus Curiae participation in domestic court cases is well developed in Common law countries and especially in U.S. jurisprudence. It is important to note that civil law jurisdictions do not have a tradition in using such an instrument and its introduction is mostly recent. Amicus intervention is usually not limited to any one particular kind of group and has frequently involved a range of participants, including individuals and foreign governments. Recently, this practice has been introduced in front of arbitral tribunals which have strongly advocated the participation of non-disputing parties as Amicus Curiae in such proceedings in order to ensure more transparency and public participation specifically in matters of investment arbitration.

Georges Vallindas The French Supreme Administrative Court considers inadmissible a judicial action by a public collective when an enforceable title for recovery of state aid has already been emitted (Ryanair / SMAC)

16

In 2008, Ryanair airline and its subsidiary which was selling advertising space on Ryanair’s website, Airport Marketing Services (AMS), entered into a five year agreement with the Angoulême airport in France which ownership was transferred from the French Republic to the public Syndicat mixte (...)

Georges Vallindas The French Supreme Civil Court confirms the recovery of interest despite appeal but considers that the administrative decision of recovery of the nominal amount of a State aid was late and invalid according to national law (CELF)

18

CELF is another long-standing French legal saga that has been brought many times in front of the Kirchberg judges. The case was so complex that it forced the Commission to adopt a Commission notice on the enforcement of State aid law by national courts (2009/C 85/01) on the 9th of April 2009. (...)

Georges Vallindas The French Administrative Court of Appeal of Nantes rejects the reimbursement of the already recovered sums of an illegal State aid from the beneficiary despite a formal illegality of the recovery orders (Scott / Kimberly Clark)

31

Scott and Kimberly Clark has been a long-standing saga in front of the French Courts that has often needed CJEU intervention. Scott Paper Company is an American company engaged in the manufacture of paper. To enable the construction of a manufacturing plant in France, Scott SA, a French (...)

Georges Vallindas The French Administrative Courts apply the ECJ’s preliminary ruling qualifying a tax on meat purchases as a State aid (Gemo / Nevers viandes / Lianoudis / Sobledis / Uni service Distribution / Honfleur / Picard surgelés)

4392

Despite the efforts of public authorities in order to inform citizens about the importance of fruits and vegetables for health, Europeans and especially French, remain attached to the taste and proteins brought by meat. Like every industrial activity, the meat industry produces waste that has (...)

Georges Vallindas The French Supreme Administrative Court considers that a tax exemption for "private use" copyrights does not qualify as State aid (Syndicat des Industries de Matériels Audiovisuels Electroniques)

5462

The French Intellectual Property Code (Code de la propriété intellectuelle), provides, inter alia, that intellectual property right holders benefit of copyright of “private copies”, i. e., copies by end-users for individual uses (“private use recording”). A dedicated Commission set the level (...)

Georges Vallindas The French Supreme Administrative Court holds that the over-compensation paid to health establishments for medical equipment does not constitute State aid (Syndicat National de l’Industrie des Technologies Médicales)

4385

European States have been trying for years to reduce the expenses of their national health system. In that respect, the French Minister of Health has adopted a number of orders (arrêtés) aiming to encourage all actors in the French Social Security sector (Sécurité Sociale), and among others, (...)

Georges Vallindas The French Administrative Supreme Court finds no State aid in case of an open and non-discriminatory tendering privatisation procedure (CIC / SG-BNP-CCF)

12817

The liberalization of the bank sector in the European Union initiated various market restructuring, mergers and privatizations. In the case at hands, the French State decided to transfer to the private sector its majority participation in the bank “Compagnie Financière de C.I.C. et de l’Union (...)

Georges Vallindas The French Conflict Tribunal confirms previous case law that prohibits civil jurisdictions to challenge the legality of an administrative act but marks a first step in the right EU-compatible direction (SFEI / UFEX)

49

The Septfonds judgment of the French Tribunal des Conflits (T. confl., 16 juin 1923, n° 00732) is one of the founding cases on how the competences are shared among the civil and administrative jurisdictional orders in France. The principle, founded on article 13 of a law dated from 16-24 (...)

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