Rainer Wessely

Delegation of the European Union to the United States
Responsible for Competition and Justice policy

Rainer Wessely is posted at the Delegation of the European Union to the US and responsible for Competition and Justice policy. Before this he served for four years as Assistant to Director General Johannes Laitenberger and Director General Alexander Italianer at DG Competition in Brussels, during that time responsible amongst other for Antitrust and Merger enforcement and international cooperation in this field. Rainer worked several years as a senior associate at Hogan Lovells and has conducted numerous cartel investigations, working in the Cartel Directorate of DG Competition for almost 7 years. He holds a PhD in international trade law and an LLM in European and international law.

Linked authors

Maersk (Copenhagen)
European Commission - DG HR (Brussels)
DG COMP (Brussels)
DG COMP (Brussels)

Articles

13599 Bulletin

Alix Müller-Rappard, Rainer Wessely A German Regional Court rules that an EC Commission decision ordering recovery of an illegal aid measure must first be issued before a German court may deal with a request brought by a competitor ("Ryanair 4")

1709

Brief description of the facts and legal issues The Coblence Higher Regional Court of appeal rejects the appeal lodged by Lufthansa against LG Bad Kreuznach’s judgment and rules that the appeal lacks a legal basis. A Commission decision (be it provisional or definitive) ordering the recovery of (...)

Alix Müller-Rappard, Rainer Wessely The German Administrative court rules that a service contract for the regional rail public transport is not subjected to State aid notification (Nordrhein-Westfalen)

1969

Brief description of the facts and legal issues The Gelsenkirchen Administrative Court holds that a service contract for regional public rail transport is not subject to a notification requirement. A definitive Commission decision stating declaring that Article 87(1) EC has been infringed is (...)

Alix Müller-Rappard, Rainer Wessely The German Federal Court of Justice holds that the authority granting State aid must advise the guarantor of the aid recipient when allocating non notified aid and that, if the granting authority has omitted to do so, the guarantor is entitled to oppose an action for damages against the recovery (Landes Brandenburg)

1648

Factual background On 1 December 2000, the applicant granted D. GmbH a subsidy of over € 1 million for the development of business premises in the greater Berlin area. The general collateral clauses in the official letter granting the aid stated in which cases the aid might have to be repaid by (...)

Cecilia Nilsson-Bottka, Lars Albath, Rainer Wessely The European Commission imposes heavy fines in the long-lasting candle wax cartel (ENI, ExxonMobil, Hansen & Rosenthal, Tudapetrol, MOL, Repsol, Sasol, RWE, Total)

517

"Bringing light into the dark: Commission fines long-lasting candle wax cartel more than EUR 676 million"* With its fifth cartel decision in 2008 the Commission imposed heavy fines on several producers of paraffin waxes and slack waxes. The decision adopted on 1 October established that these (...)

Alix Müller-Rappard, Rainer Wessely A German Administrative Court decides that if an aid measure that is found to formally infringe EC law cannot automatically be challenged for recovery then the infringement justifies the suspension of any further payment of that aid to the beneficiary (Betriebsstätte des Tourismusgewerbes)

1852

Brief description of the facts and legal issues The Potsdam Administrative Court holds that, if an aid measure that is found to formally infringe EC law cannot automatically be challenged for recovery, the infringement justifies the suspension of any further payment of that aid to the (...)

Alix Müller-Rappard, Rainer Wessely A German Administrative Court of appeal rules that a broadcasting tax that is part of an existing aid cannot be challenged before a national court unless the EC Commission demands its modification be suppressed pursuant to Art. 88.2 EC ("Rundfunkgebühr 1")

1691

Brief description of the facts and legal issues The Baden-Württemberg administrative court of appeal holds that a tax payer, refusing to pay a radio tax, cannot base its claim upon an alleged infringement of EC State aid rules by the German radio financing system. This broadcasting tax is part (...)

Alix Müller-Rappard, Rainer Wessely The German Administrative court of appeal finds that the existence of ongoing proceedings led by the EC Commission according to Art. 88.2 EC prohibits access to documents covered by the freedom of information act (Pflegen und Wohnen Betriebs)

2030

Brief description of the facts and legal issues The Hamburg Administrative court of appeal holds that documents on ongoing proceedings do not fall within the scope of the Hamburg Freedom of Information Act setting the law on access to file. The existence of ongoing proceedings before the (...)

Alix Müller-Rappard, Rainer Wessely A German Higher Regional Court judges that when dealing with the recovery of unlawful State aid, the provisions on maintenance of capital and insolvency should be considered so long as this does not contravene the rationale of Art. 87.1 EC, and that EC State aid rules do not supersede the claim of a liquidator to recover an unlawful capital-substitutive financial aid that was recovered by the granting authority (Insolvency procedure 3)

1817

Brief description of the facts and legal issues The Thuringia Higher Regional Court judges that when dealing with the recovery of unlawful State aid, the provisions of the German laws on maintenance of capital and insolvency should be considered, so long as this does not contravene the (...)

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