European Court of Justice

European Court of Justice (Luxembourg)

Since the establishment of the Court of Justice of the European Union in 1952, its mission has been to ensure that "the law is observed" "in the interpretation and application" of the Treaties. As part of that mission, the Court of Justice of the European Union:
- reviews the legality of the acts of the institutions of the European Union,
- ensures that the Member States comply with obligations under the Treaties, and
- interprets European Union law at the request of the national courts and tribunals. The Court thus constitutes the judicial authority of the European Union and, in cooperation with the courts and tribunals of the Member States, it ensures the uniform application and interpretation of EU law. The Court of Justice of the European Union, which has its seat in Luxembourg, consists of two courts: the Court of Justice and the General Court (created in 1988). The Civil Service Tribunal, established in 2004, ceased to operate on 1 September 2016 after its jurisdiction was transferred to the General Court in the context of the reform of the European Union’s judicial structure. As each Member State has its own language and specific legal system, the Court of Justice of the European Union is a multilingual institution. Its language arrangements have no equivalent in any other court in the world, since each of the official languages of the European Union can be the language of a case. The Court is required to observe the principle of multilingualism in full, because of the need to communicate with the parties in the language of the proceedings and to ensure that its case-law is disseminated throughout the Member States.

Articles

3272 Bulletin

European Court of Justice The EU Court of Justice declares invalid a Commission decision penalizing France for State aid (Ministre de l’Agriculture et de l’Alimentation / Compagnie des pêches de Saint-Malo)

131

Seized with an interpretation request concerning the arrangements for implementing a Commission decision penalising France for State Aid declared incompatible with the common market, the Court of Justice rules that the decision is invalid* The Commission erred in law in considering that the (...)

European Court of Justice The EU Court of Justice rules that the provision of Italian law preventing a media company from acquiring 28% of the capital in competitor as a measure of protecting pluralism of information is contrary to EU law (Vivendi / Mediaset)

190

The provision of Italian law preventing Vivendi from acquiring 28% of the capital in Mediaset is contrary to EU law* That provision constitutes a prohibited impediment to the right of establishment as it is not appropriate for achieving the objective of protecting pluralism of information. (...)

European Court of Justice The EU General Court orders that the fine imposed on a semiconductor manufacturer for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600 (Infineon Technologies)

237

The General Court orders that the fine imposed on Infineon for its participation in a cartel in the smart card chip market be reduced by almost €6 million, from €82,784,000 to €76,871,600* The Commission took insufficient account of the limited number of the anticompetitive contacts which (...)

European Court of Justice The EU Court of Justice reverses the General Court’s ruling and upholds the Commission’s decision according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid

506

The Court of Justice upholds the decision of the Commission according to which health insurance bodies operating under Slovak State supervision do not fall within the rules of EU law on State aid* The General Court’s judgment upholding an action brought against that decision is set aside By its (...)

European Court of Justice The EU Court of Justice Advocate General Kokott proposes to uphold the fine of almost €94 million imposed on a pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram (Lundbeck)

409

Advocate General Kokott proposes that the Court of Justice should uphold the fine of almost €94 million imposed on the Lundbeck pharmaceutical group in the context of agreements intended to delay the marketing of generic versions of its antidepressant medicinal product citalopram* The Advocate (...)

European Court of Justice The EU General Court annuls the Commission’s decision to block the proposed merger in the UK sector of the mobile telephony market (Telefónica UK / Hutchison 3G UK)

548

The General Court annuls the Commission’s decision to block the proposed acquisition of Telefónica UK by Hutchison 3G UK in the sector of the mobile telephony market* On 11 May 2016, [1] the Commission adopted a decision in which it blocked, under the Merger Regulation, [2] the proposed (...)

European Court of Justice The EU General Court reaffirms the Commission’s decision declaring illegal the aid from Italy to several airlines serving Sardinia (Volotea / Germanwings / easyJet)

297

The General Court dismisses the actions against the Commission decision declaring illegal the aid from Italy to several airlines serving Sardinia* The operators of the Sardinian airports were not the beneficiaries of the aid but merely intermediaries between the Autonomous Region and the (...)

European Court of Justice The EU Court of Justice confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product (PTC Therapeutics / MSD Animal Health)

43

The Court confirms the right of access to documents contained in the file of a marketing authorisation application for a medicinal product* An objection to such access must explain the nature, purpose and scope of the data whose disclosure would undermine commercial interests In the judgments (...)

European Court of Justice The EU Court of Justice upholds the judgments of the General Court and the Commissions decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors and confirms the unlimited jurisdiction of the Courts in relation to the amount of fines (Chalkor) (KME)

31

The Court of Justice upholds the judgments of the General Court and the Commission’s decisions relating to the two cartels in the copper industrial and copper plumbing tubes sectors* The review carried out by the General Court in respect of Commission decisions imposing fines in competition (...)

European Court of Justice The EU Court of Justice maintains fines set by the EU Commission in a specialty graphite cartel case and rejects pleas alleging infringement of rights of defence (SGL Carbon)

32

Competition: Commission welcomes Court of Justice judgment in specialty graphite cartel case The European Commission welcomes today’s judgment by the European Court of Justice (case C-328/05) dismissing the action by the German specialty graphite producer SGL Carbon AG against the judgment of (...)

European Court of Justice The EU Court of Justice upholds the judgment of the General Court penalising the cartel of steel tubes producers known as the ’Europe-Japan Club’ (Dalmine / Sumitomo / Nippon Steel / Salzgitter)

37

THE COURT UPHOLDS THE JUDGMENT OF THE COURT OF FIRST INSTANCE PENALISING A CARTEL OF STEEL TUBES PRODUCERS* The producers did not prove that the Court of First Instance made errors of law in its judgment By decision of 8 December 1999 , the European Commission ordered eight undertakings (four (...)

European Court of Justice The EU Court of Justice upholds the judgment of the General Court in the cement cartel case and sets fines of €53.6 million (Aalborg Portland / Irish Cement / Ciments français / Italcementi / Buzzi Unicem / Cementir)

42

The Court of Justice upholds in substance the judgment delivered by the Court of First Instance in 2000 concerning the Cement Cartel Anti-competitive practices and agreements constitute economic infringements designed to maximise the profits of the participating undertakings. The harmful (...)

European Court of Justice The EU Court of Justice applies the reasonable time rule and reduces fine imposed by the Commission on producers of welded steel mesh for anticompetitive agreements (Baustahlgewebe)

44

THE COURT OF JUSTICE APPLIES "REASONABLE TIME" RULE AND REDUCES FINE IMPOSED ON COMPANY The Court of Justice considered that a reduction by ECU 50 000 of a fine of ECU 3 million imposed on an undertaking for breach of the competition rules constituted a "fair satisfaction" for the excessive (...)

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