Van Bael & Bellis (Brussels)

Francesco Pili

Van Bael & Bellis (Brussels)
Lawyer (Associate)

Francesco Pilli focuses on EU and Italian competition law as well as EU and international trade law. Prior to joining Van Bael & Bellis, Francesco worked as a référendaire in the Chambers of the then Vice-President of the European Court of Justice, Prof. Antonio Tizzano, where he gained experience in the fields of EU procedural and substantive law across a wide array of areas, including antitrust and State aid law, data protection, access to documents, free movement rules and fundamental rights. He was also responsible for several interim measures proceedings in the fields of EU public procurement law and REACH. In addition, Francesco is also active in the academic field. He has authored and contributed to several academic works and delivers guest lectures in the field of EU law.

Auteurs associés

Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)

Articles

4130 Bulletin

Francesco Pili, Markus Wellinger The EU Court of Justice rejects an appeal filed by an airline company and provides further guidance on standing to challenge State aid decisions related to competing undertakings (Deutsche Lufthansa)

177

On 15 July 2021, the Court of Justice of the European Union (“ECJ” or “Court”) rejected the appeal filed by the German airline company Deutsche Lufthansa AG against the judgment of the General Court of 12 April 2019, Deutsche Lufthansa v Commission (Case T-492/15). The substance of the dispute (...)

Francesco Pili, Markus Wellinger The EU General Court delivers two new landmark rulings in the field of State aid and taxation against a big tech company and an energy company (Amazon) (Engie)

148

On 12 May 2021, the General Court of the European Union (“GC”) delivered two important judgments concerning tax rulings granted by Luxembourg to Amazon (Joined cases T-816/17, Luxembourg v Commission and T-318/18, Amazon EU and Amazon.com v Commission) and Engie (Joined cases T-516/18, Luxembourg (...)

Francesco Pili, Markus Wellinger The EU General Court provides further guidance on the standard of judicial review of Commission decisions not to raise objections at the end of a preliminary examination phase (Achema / Lifosa) (Verband Deutscher Alten)

173

On 14 April 2021, the General Court delivered two judgments (Achema and Lifosa, Case T-300/19, and Verband Deutscher Alten und Behindertenhilfe and CarePool Hannover, Case T-69/18, hereinafter “Achema” and “Verband Deutscher Alten”), which provide further guidance on the standard of judicial review (...)

Francesco Pili, Markus Wellinger The EU General Court rejects a company’s actions for annulment against decisions of the Commission on COVID-19 individual aid in the aviation sector (Ryanair)

189

On 14 April 2020, the General Court dismissed the actions for annulment brought by Ryanair against three decisions of the Commission authorising State aid in the airline sector. These judgments were delivered by the same Tenth Chamber (extended composition), which had already dismissed in (...)

Francesco Pili, Markus Wellinger The EU Court of Justice confirms shortcomings of the Commission’s State aid investigation into progressive turnover-based taxes adopted by Hungary and Poland

301

On 16 March 2021, the Grand Chamber of the European Court of Justice (“ECJ”) rejected the appeals brought by the Commission against the General Court’s (“GC)” judgments concerning progressive turnover-based taxes adopted by Hungary (Case C-596/19 P) and Poland (Case C-562/19 P). The national (...)

Markus Wellinger, Francesco Pili The EU Court of Justice further relaxes the standards of review of “aid schemes” and annuls the General Court’s judgment on Spanish football clubs (Fútbol Club Barcelona)

301

On 4 March 2021, the European Court of Justice (“ECJ”) delivered another interesting judgment (Case C-362/19 P) in the “Spanish football club saga”, which set aside the General Court’s (“GC”) judgment of 26 February 2019, Fútbol Club Barcelona v Commission (Case T-865/16, the “judgment under appeal”), (...)

Francesco Pili, Markus Wellinger The EU Court of Justice rejects the Commission’s appeal concerning alleged aid granted to a bank and clarifies the requirements for the imputability test in the case of private entities (Banca Popolare di Bari)

162

On 2 March 2021, the Grand Chamber of the Court of Justice (“ECJ”) confirmed the judgment of the General Court (“GC”) in Tercas (19 March 2019, Italy and Others v Commission, Joined Cases T-98/16, T-196/16 and T-198/16). The judgments on appeal and at first instance provide important guidance on (...)

Francesco Pili, Markus Wellinger The EU Commission adopts 5th amendment to the temporary framework for State aid measures to support the economy in the current COVID-19 outbreak

198

On 28 January 2021, the European Commission (“Commission”) amended the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak (the “Temporary FrameworK”). Below we outline the most relevant amendments : The application of the Temporary Framework is (...)

Francesco Pili, Markus Wellinger The EU General Court provides guidance on the standing to challenge Commission decisions rejecting State aid complaints and the concepts of ’State resources’ and ’imputability’ with regard to decisions adopted by industry associations (Bezouaoui / HB Consultant)

53

On 13 January 2021, the European General Court (“GC”) delivered a judgment providing guidance on the standing to challenge European Commission (“Commission”) decisions rejecting State aid complaints, and on the concepts of “State resources” and “imputability” within the meaning of Article 107(1) TFEU. (...)

Francesco Pili, Markus Wellinger The EU Court of Justice AG Kokott suggests annulling the judgment of the General Court and provides guidance on the concept of “aid scheme” in cases of tax rulings (Magnetrol International)

89

On 3 December 2020, Advocate General Kokott delivered her opinion on the appeal brought against the judgment of the General Court in case Belgium and Magnetrol International v Commission (Cases T-131/16 and T-263/16) of 14 February 2019 (the “Judgment under appeal”), which had annulled Commission (...)

Dilja Helgadottir, Francesco Pili, Markus Wellinger The EFTA Court defines notions of “undertaking” and “economic activities” concerning services in support of Norwegian digital health infrastructure (Abelia / WTW)

107

On 17 November 2020, the EFTA Court dismissed an application for annulment against the EFTA Surveillance Authority (“ESA”) Decision No 57/19/COL of 10 July 2019 (the “Contested decision”). The Contested decision found that the public financing of eHealth and digital health infrastructure in the (...)

Francesco Pili, Markus Wellinger The EU Court of Justice clarifies conditions under which request for de minimis aid can be modified to comply with the ceiling (INAIL / Zennaro)

51

On 28 October 2020, the Court of Justice (“ECJ”) answered a reference for a preliminary ruling from the Consiglio di Stato (Council of State, Italy) concerning the interpretation of Articles 3 and 6 of Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 (...)

Francesco Pili, Markus Wellinger The EU Court of Justice clarifies the concept of “State resources” concerning financial contributions collected by an authorized private eco-body (Eco TLC)

86

On 21 October 2020, the Court of Justice answered a request for a preliminary ruling made by the French Conseil d’État (“Council of State”), which raised interesting questions with regard to the notion of “State resources” within the meaning of Article 107(1) TFEU. The background of the case (...)

Francesco Pili, Markus Wellinger The EU Court of Justice Advocate General Kokott criticizes the Commission’s approach to progressive taxation in Poland and suggests that the Court dismiss the appeal (Commission / Poland)

64

On 15 October 2020, Advocate General Kokott delivered her opinion in Case C-562/19 P, Commission v Poland, concerning the appeal of the General Court’s judgment of 16 May 2019 (Joined Cases T-836/16 and T-624/17). The judgment under appeal annulled the Commissions’ decision to open a formal State (...)

Francesco Pili, Markus Wellinger The EU General Court provides additional guidance on the scope of the presumption of advantage granted by State guarantees (IFPEN)

43

On 5 October 2020, the General Court delivered another important judgment in the so-called EPIC saga – where “EPIC” is a French acronym standing for “Établissement Public à caractère Industriel et Commercial” (“Publicly owned industrial and commercial establishment”). The EPICs came under the (...)

Markus Wellinger, Francesco Pili The EU General Court dismisses the actions for annulment in the "Spanish tax lease" saga (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

152

On 23 September 2020, the General Court delivered another judgment in the “Spanish tax lease saga”, concerning certain aid measures granted through tax provisions applicable to agreements put in place for the financing and acquisition of vessels in Spain. This judgment follows the annulment and (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies the scope for State aid rules in the nuclear energy sector covered by the Euratom Treaty, as well as their relationship with the general principles of environmental law (Hinkley Point C)

148

On 22 September 2020, the Grand Chamber of the Court of Justice (the “Court”) dismissed the appeal brought by Austria against the judgment of the General Court (case T-356/15) that rejected its application for annulment against Commission Decision (EU) 2015/658 of 8 October 2014 on the aid (...)

Markus Wellinger, Francesco Pili The EU Commission adopts guidelines on State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021

60

On 21 September 2020, the Commission published new Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 (the “Guidelines”). These Guidelines follow the European Green Deal Communication adopted in 2019 (11.12.2019, COM(2019) (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies some aspects of State aid related to social security contributions (Ministre de l’Agriculture et de l’Alimentation / Compagnie de pêche de Saint-Malo)

134

On 17 September 2020, the Court of Justice (the “ECJ” or “Court”) answered several questions raised by a request for a preliminary ruling from the French Conseil d’État, with regard to the interpretation of Commission Decision 2005/239/EC (the “Decision at issue”). This Decision concerned certain aid (...)

Markus Wellinger, Francesco Pili The EU Court of Justice narrows down the concept of “undertaking” with regard to health insurance bodies (Dôvera zdravotná poistʼovňa)

95

The Court of Justice of the European Union’s (the “Court of Justice”) judgment of 11 June 2020, Commission v. Dôvera zdravotná poistʼovňa is another brick in the case law concerning the concept of “undertaking” with regard to health insurance bodies. The background of the case is a Slovak compulsory (...)

Markus Wellinger, Francesco Pili The EU Court of Justice clarifies the conditions governing the legality of an injunction issued at the same time as a decision to open a formal State aid investigation (Hungary / Commission)

51

On 4 June 2020, the Court of Justice of the European Union (the “Court of Justice”) delivered an important judgment clarifying the conditions under which the European Commission (the “Commission”) can issue an injunction on the basis of Article 11 of the former State aid procedural Regulation No (...)

Aldo Scalini, Fabrizio Di Gianni, Francesco Pili The Italian Government adopts a decree laying down additional measures to support companies negatively affected by the economic consequences of the COVID-19 outbreak

169

On 6 April 2020, the Italian Government adopted a Law Decree (so-called “Decreto Liquidità”) laying down additional measures to support companies negatively affected by the economic consequences of the Covid-19 outbreak. These measures aim at alleviating the devastating effects of the outbreak on (...)

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