The ECJ Advocate General Kokott recommends overturning CFI judgment that annulled a decision to accept commitments (Alrosa)

On 17 September 2009, Advocate General Kokott issued her Opinion in Commission v. Alrosa, which concerns the Commission’s appeal of a CFI judgment that annulled a decision to accept commitments proposed by De Beers under Article 9 of Regulation 1/2003 [1]. In her Opinion, Advocate General Kokott recommends that the Court of Justice annul the CFI’s judgment and itself give a final ruling in the matter that upholds the Commission decision to accept the commitments. In its first ground of appeal, the Commission argued that the CFI misinterpreted and misapplied the principle of proportionality. The Advocate General accepted the Commission’s argument, starting from the premise that there were two aspects of commitment

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, The ECJ Advocate General Kokott recommends overturning CFI judgment that annulled a decision to accept commitments (Alrosa), 17 September 2009, e-Competitions Bulletin September 2009, Art. N° 41733

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