General Court of the European Union (Luxembourg)

Jérôme Gstalter

General Court of the European Union (Luxembourg)

Jérome Gstalter is a Doctor of Law from the University of Paris 1 - Panthéon - Sorbonne. He specializes in Competition Law and Intellectual Property.

Linked authors

Cleary Gottlieb Steen & Hamilton (London)
Eneco Groep (Rotterdam)
Partridge Consulting
Microsoft (Geneva)
Apple (London)
Aalto University
DG COMP (Brussels)
DG COMP (Brussels)


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Jérôme Gstalter Parafiscal levy : The General Court of the European Union dismisses an action brought against a Commission decision holding that a partial exemption from the obligation to purchase green electricity granted to energy-intensive businesses is incompatible with the internal market (Austria/Commission)


In 2008, the Republic of Austria amended its Green Electricity Law in anticipation of the binding target which that Member State is now required to achieve by 2020 as regards the share of energy from renewable sources in accordance with Directive 2009/28/EC of 23 April 2009 on the promotion of (...)

Jérôme Gstalter Preliminary examination : The General Court of the European Union dismisses an action brought against a Commission decision in which the latter found that the new Spanish scheme of early depreciation of certain assets acquired through financial leasing did not constitute State aid (Netherlands Maritime Technology Association)


On 29 June 2011, the Commission initiated the formal investigation procedure laid down in Article 108(2) TFEU in respect of the Spanish tax regime applicable to certain finance lease agreements (fiscal leasing). The Commission considered that this scheme, which provided for a system of early (...)

Jérôme Gstalter Preliminary examination : The General Court of the European Union dismisses, as partially inadmissible, an action for annulment brought against a Commission decision adopted after a preliminary examination (Vtesse Networks)


By Decision C(2010) 3204 of 12 May 2010 (No 461/2009 - United Kingdom), adopted at the end of the preliminary examination phase, the Commission declared compatible with the internal market an aid measure notified by the United Kingdom to support the deployment of new generation broadband (...)

Jérôme Gstalter Guarantee : The Court of Justice of the European Union dismisses an appeal brought against a judgment that found that there was no link between a guarantee and additional pension liabilities borne by a former public company (British Telecommunications)


By judgment of 16 September 2013, British Telecommunications and BT Pension Scheme Trustees v Commission (T-226/09 and T-230/09, EU:T:2013:466), the Court of First Instance dismissed two actions brought against a Commission decision of 11 February 2009. In that decision, the Commission declared (...)

Jérôme Gstalter Tax exemption : The Court of Justice of the European Union finds that the exemption from property tax of a plot of land belonging to the State and made available to an undertaking which owns a shipyard may constitute State aid (Navantia)


Navantia is a company owned by the Spanish State which has a dual activity. On the one hand, it builds and maintains warships on behalf of the Spanish State. On the other hand, it manufactures, repairs and maintains various products for the private sector. By contract, the Spanish State has (...)

Jérôme Gstalter Failure of a Member State : The Court of Justice of the European Union declares that a Member State failed to fulfil its obligation even if the delay to take all the measures necessary to recover the State aid was due to the bringing of national actions by the recipient (Commission / Germany)


Following an earlier annulment, on 14 December 2010 the Commission adopted Decision 2011/471/EU on the State aid which Germany had granted to the Biria Group (OJ 2011 L 195, p. 55). In that decision, the Commission found that Bike Systems (now MB System) had received State aid which was (...)

Jérôme Gstalter Unlawful and incompatible aid : The General Court of the European Union dismisses two actions brought against a Commission’s decision holding that an aid granted to a public-law entity in charge of the disposal of fallen stock and slaughterhouse waste is unlawful and incompatible (Germany / Commission, Zweckverband Tierkörperbeseitigung / Commission)


Trib. EU, 16 July 2014, Germany v. Commission, Case T-295/12, EU:T:2014:675 ; Trib. EU, 16 July 2014, Zweckverband Tierkörperbeseitigung v Commission, Case T-309/12, EU:T:2014:676 The Zweckverband Tierkörperbeseitigung in Rhineland-Palatinate, Saarland, the district of Rheingau-Taunus and the (...)

Jérôme Gstalter Tax measures : The General Court of the European Union dismisses two actions brought against a Commission’s decision holding that tax measures cannot be regarded as forming an integral part of a new aid that altered an existing aid (DTS, Telefonica)


Trib. EU, 11 July 2014, DTS Distribuidora de Televisión Digital v Commission, Case T-533/10, EU:T:2014:629; Telefónicade España and Telefónica Móviles España v Commission, Case T-151/11, EU:T:2014:631 By a law of 28 August 2009, Spain amended the definition of the public service remit of the Spanish (...)

Jérôme Gstalter Private investor : The General Court of the European Union applies the case-law on the admissibility of an action for annulment brought against a Commission’s decision finding the absence of State aid after a preliminary examination and assesses whether the Commission should have had doubts regarding the application of the private investor test to the granting of a licence to exploit software by a public authority to a private entity (Sarc)


Following a complaint lodged on 12 December 2008 by Scheepsbouwkundig Advies- en Rekencentrum (hereinafter ’Sarc’), the Commission, by Decision C(2011) 642 final of 10 May 2011 (NN 68/2010 - Netherlands) adopted at the end of the preliminary examination phase, declared that a licence agreement (...)

Jérôme Gstalter Recovery : The Court of Justice of the European Union holds that a Member State has failed to fulfill its obligation to take, within the prescribed period, all the measures necessary to recover from the beneficiaries the State aid considered unlawful and incompatible with the internal market by two Commission decisions (Commission / Italy)


The Commission brought an action for failure to fulfil obligations against Italy on the ground, inter alia, that that Member State had not taken, within the prescribed period, all the measures necessary to recover the aid declared unlawful and incompatible by Commission Decisions 2006/323/EC (...)

Jérôme Gstalter Failure of a Member State : The Court of Justice of the European Union orders a Member State to pay a lump-sum penalty as it did not recover an unlawful and incompatible aid (Commission / Spain)


By six decisions of 11 July 2001, the Commission declared tax aid schemes adopted by three provinces of the Spanish Basque Country (Álava, Vizcaya and Guipúzcoa) incompatible with the common market and ordered Spain to recover the aid unlawfully paid under these non-notified schemes. The entities (...)

Jérôme Gstalter Sui generis decision : The European Commission adopts a sui generis decision and finds that there will not be economic continuity between the beneficiary of a State aid and the buyers of certain of its assets (Larco General Mining & Metallurgical Company)


On 6 March 2013, the Commission initiated a formal investigation procedure with regard to several measures taken by Greece in favour of Larco, in particular a capital increase carried out in 2009 and several guarantees granted between 2008 and 2010. By decision of 27 March 2014, not yet (...)

Jérôme Gstalter Linked enterprises: The Court of Justice of the European Union follows a functional approach of the concept of linked enterprises and states that enterprises may be regarded as such when they constitute a single economic unit (HaTeFo)


Delivered by a Chamber of three judges without an Advocate General’s Opinion following a reference for a preliminary ruling by the German Federal Finance Court (Bundesfinanzhof), the judgment of the Court of 27 February 2014 is nevertheless of some interest. In that case, the Court had to rule (...)

Jérôme Gstalter Sports: The European Commission takes an interest in public funding of professional football clubs and has serious doubts regarding several measures related to Spanish football clubs


The year 2012 saw a renewed interest by the Commission in public measures in favour of professional football clubs. On 21 March 2012, the Competition Commissioner and the President of UEFA, in a joint statement, underlined the close links between the principles of financial fair play approved (...)

Jérôme Gstalter Existing aids : The Great Chamber of the Court of Justice of the European Union dismisses four actions brought by the Commission in which this institution claimed that the Council lacked competence to decide that an aid scheme must be regarded as compatible with the internal market


CJEU, ch. gde, 4 December 2013, Commission v. Council, Case C-117/10 CJEU, ch. gde, 4 December 2013, Commission v. Council, Case C-118/10 CJEU, ch. gde, 4 December 2013, Commission v. Council, Case C-121/10 In four judgments delivered on 4 December 2013, the Court of Justice, meeting in (...)

Jérôme Gstalter Effect on trade : The Court of Justice of the European Union dismisses an appeal brought against a judgment in which the General Court stated that the execution of a judgment granting annulment did not require the Commission to reopen the formal investigation procedure (Wam Industriale, Italy)


CJEU, 7 November 2013, Italy v Commission, Case C-587/12 P The two judgments delivered by the Court on 7 November 2013 mark the epilogue of a long dispute. It should be recalled that, in a decision of 19 May 2004, the Commission found that two soft loans granted by the Italian Republic to Wam (...)

Jérôme Gstalter Unlawful aid : The General Court of the European Union dismisses two actions brought against a Commission’s decision holding that an exemption from the obligation to contribute to a pension protection fund put into effect by the United-Kingdom is an unlawful and incompatible state aid (British Telecommunications, BT Pension Scheme Trustee)


In the recent period, the Commission, most often in response to complaints, has had to examine changes in the financing of the pension schemes of former incumbent network operators introduced in several Member States following the privatisation of these operators. While the decisions delivered (...)

Jérôme Gstalter Absence of State aid: The Court of Justice applies its Kronoply case law and confirms that the Commission has the power to adopt a decision whereby, while finding the absence of State aid after a preliminary examination, it takes note of commitments entered into by the Member State (Ryanair)


By an action brought before the Court of First Instance, Ryanair had contested two decisions taken by the Commission concerning Italian measures relating to the airline Alitalia. The first Commission decision, adopted on 12 November 2008 following a formal procedure, declared that a loan of EUR (...)

Jérôme Gstalter Appeal: The Court of Justice applies its Athinaïki Techniki case law and rules on conditions governing the obligation of the Commission to adopt a position (Ryanair)


In a judgment of 29 September 2011, Ryanair v Commission (T-442/07), the Court of First Instance allowed in part an action for failure to act brought by Ryanair against the Commission. It held that the Commission had failed to fulfil its obligations by failing to adopt a decision on several (...)

Jérôme Gstalter Preliminary ruling: The Court of Justice rules on the interpretation of the Altmark criteria and on the relations between these criteria and the Commission decision 2005/842/CE (Libert)


The decree of the Flemish Region of 27 March 2009 on land and property policy had attracted attention at the time of its adoption. This decree prevents persons who do not have a "sufficient link" with municipalities designated by the Vlaamse Regering from acquiring land or buildings erected on (...)

Jérôme Gstalter Duration of the preliminary examination: The Court of Justice rules that the duration of the preliminary examination procedure, whatever its length, cannot by itself lead to the conclusion that the European Commission should have initiated the formal investigation procedure (3F)


CJEU, 24 January 2013, 3F v Commission, Case C-646/11 P The judgment of the Court of First Instance of 27 September 2011, 3F v Commission (T-30/03 RENV), had attracted attention on the ground that it reduced "the indication of serious difficulties which the duration of the preliminary (...)

Jérôme Gstalter Amount of the aid to be repaid: The General Court rules that the European Commission did not breach the principle of legal certainty and dismisses pleas seeking to call into question the amount of the aid to be repaid (Salzgitter)


The ECSC Treaty and the rules adopted for its application expired on 23 July 2002. More than ten years later, the Court of First Instance is still dealing with disputes relating to the application of the ECSC Treaty rules on State aid. In 1971, the Federal Republic of Germany adopted a law to (...)

Friedrich Wenzel Bulst, Jean-Yves Art, Jérôme Gstalter, Machiel Bolhuis, Maurits Dolmans, Mikko Välimäki, Per Hellstrom, Thomas Kramler, Ute Decker Open standards & antitrust


Les contributeurs à ce dossier « Tendances » se sont vu soumettre une question qui pourrait sembler simple a priori : Les normes ouvertes promeuvent-elle la concurrence ? Cependant, la réponse à cette question requiert un travail préalable et délicat de définition des termes du sujets. Rédigés par des (...)

Jérôme Gstalter Research Handbook on Intellectual Property and Competition Law


This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, (...)

Jérôme Gstalter Concerted practices - Investigations: The French Competition Council issues the first decision implementing article 22 of EC Regulation 1/2003 (Shell, Esso, Chevron, Total)


Conc. conc. dec. 08-D-30 of December 4, 2008 relating to practices implemented by the oil companies Shell, Esso SAF, Chevron Global Aviation, Total Outre-Mer and Total Réunion. (on this case, see also note L.N.-V., Chronique Ententes, ConcurrencesNo. 1-2009, No. 2).) In the case concerning (...)

Jérôme Gstalter Undertakings/Remedies: The European Commission and the French Competition Council invite interested parties to submit comments on proposed commitments (Monographies touristiques)


EC Commission, Article 27(4)(R)(1)(2003), E.ON, Wholesale market for electricity in Germany, Case COMP/B-1/39.388; Balancing market for electricity in Germany, Case COMP/B-1/39.389, OJEU, No C. 146 of 12 June 2008, p. 34. EC Commission, MEMO 08/396 of 12 June 2008, Antitrust: Commission market (...)

Jérôme Gstalter Électricité: Faut-il désespérer du marché?


In recent years, the price of electricity on the free market has risen in France as much as in our neighbours, while the costs of French production, mainly nuclear, have been only slightly affected by the rise in the price of fossil fuels. How can this apparent paradox be explained? Should we (...)

Jérôme Gstalter Parallel Trade in Europe


Shortlisted for the 2008 Young Authors Inner Temple Book Prize Are parallel importers the key to free trade, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious ’grey market’ for their own profit, free-loading on the investment of (...)

Jérôme Gstalter Politiques de la concurrence,


Competition policies. What a vast subject! The scope of the subject is not only spatial but also material. Submitted to the Prime Minister in September 2005, this report is in fact the result of a multidisciplinary approach that involved consulting a number of experts beforehand, but also (...)

Jérôme Gstalter Intellectual Property Rights and the EC Competition Rules


This latest monograph by Professor Korah on the recent group exemption consists of a detailed and critical commentary on the technology transfer block exemption and guidelines of 2004, and of the case law of the ECJ and Commission on licensing and refusals to license, together with annotated (...)

Jérôme Gstalter Antitrust, Patents and Copyright, EU and US Perspectives


In modern markets innovation is at least as great a concern as price competition. The book discusses how antitrust policy and patent and copyright laws interact to create market dynamics that affect both competition and innovation. Antitrust and intellectual property policies for the most part (...)

Jérôme Gstalter Les accords de transfert de technologie : Règlement n° 772/2004 du 27 avril 2004 concernant l’application de l’article 81 § 3 du traité à des catégories d’accords de transfert de technologie


The proceedings of a study day held in Paris on 21 September 2004, this collective work is the latest testimony of FNDE’s attachment to the Community competition rules applicable to technology transfer agreements. A comfortable way to report on the debates that took place during this day could (...)

Jérôme Gstalter An Economic Approach to Article 82


With a view to giving better guidance, DG Competition reviewed its policy on the abuse of dominant position under Article 82. In this context, the Chief Economist of DG Competition has commissioned a report from the EAGCP, which is a group of distinguished academic economist advising DG COMP (...)

Jérôme Gstalter Les inspections de concurrence, N. JALABERT


The book comes with a CD-Rom and several annexes containing the relevant official texts, with a subtitle that serves as an explanatory memorandum: "Managing a competition investigation in the business world at a time when the fight against cartels is being stepped up". As this title suggests, (...)

Jérôme Gstalter Rapport sur la politique de concurrence 2004


The Report on Competition Policy is published annually by the European Commission in response to the request made by the European Parliament in its Resolution of 7 June 1971. The Report, which is annexed to the General Report on the Activities of the European Union, is intended to give an (...)

Jérôme Gstalter The Regulation of Power Exchanges in Europe


The electricity sector worldwide is undergoing a fundamental transformation of its institutional structure as a consequence of the complex interactions of political, economic and technological forces. The way the industry is organized is changing from vertically integrated monopolies to (...)

Jérôme Gstalter Competition Law Sanctioning in the European Union


As of May 2004, national competition authorities in EU Members States are empowered to enforce sanctions on infringement of the competition rules laid down in Articles 81 and 82 EC Treaty. As a result, it is crucially important for practitioners to be conversant with the competition law of the (...)

Jérôme Gstalter Politique et pratique du droit de la concurrence en France


In the context of a subject that has evolved and been profoundly reworked in recent years, Dominique Brault proposes to take a "snapshot" of competition law. In its descriptive aspect of the current state of the subject, the snapshot proves to be successful. The reader will find the most recent (...)

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