General Court of the European Union (Luxembourg)

General Court of the European Union

General Court of the European Union (Luxembourg)

The General Court is made up of two judges from each Member State. The judges are appointed by common accord of the governments of the Member States after consultation of a panel responsible for giving an opinion on candidates’ suitability to perform the duties of Judge. Their term of office is six years, and is renewable. They appoint their President, for a period of three years, from amongst themselves. They appoint a Registrar for a term of office of six years. The Judges perform their duties in a totally impartial and independent manner. Unlike the Court of Justice, the General Court does not have permanent Advocates General. However, that task may, in exceptional circumstances, be carried out by a Judge. Cases before the General Court are heard by Chambers of five or three Judges or, in some cases, as a single Judge. It may also sit as a Grand Chamber (fifteen Judges) when this is justified by the legal complexity or importance of the case. The Presidents of the Chambers of five Judges are elected from amongst the Judges for a period of three years. The General Court has its own Registry, but uses the administrative and linguistic services of the institution for its other requirements.

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General Court of the European Union (Luxembourg)
General Court of the European Union (Luxembourg)
General Court of the European Union (Luxembourg)
General Court of the European Union (Luxembourg)
General Court of the European Union (Luxembourg)

Articles

11133 Bulletin

General Court of the European Union The EU General Court largely dismisses a Big Tech company’s appeal against the Commission’s decision finding it had abused its dominant position by favoring its own comparison shopping service (Google Shopping)

984

The General Court largely dismisses Google’s action against the decision of the Commission finding that Google abused its dominant position by favouring its own comparison shopping service over competing comparison shopping services* The General Court upholds the fine of €2.42 billion imposed on (...)

General Court of the European Union The EU General Court dismisses actions against two of the Commission’s decisions authorizing mergers in the market for passenger air travel (Polskie Linie Lotnicze / easyJet / Lufthansa / Air Berlin)

571

The General Court dismisses the actions of Polskie Linie Lotnicze ‘LOT’ against the Commission decisions authorising the mergers concerning the acquisition by easyJet and Lufthansa, respectively, of certain assets of the Air Berlin group* Faced with a persistent deterioration of its financial (...)

General Court of the European Union The EU General Court annuls the Commission’s decisions that an arbitration award setting an allegedly preferential tariff for electricity does not involve the granting of an advantage to an aluminum producer (Mytilinaios)

767

The General Court annuls the decisions by which the Commission found that an arbitration award setting an allegedly preferential tariff for electricity did not involve the granting of an advantage to the aluminium producer Mytilinaios* The Commission was required to examine diligently, (...)

General Court of the European Union The EU General Court dismisses a French telecommunications company’s action against the Commission’s decision to impose two fines totaling €124.5 million in connection to its acquisition of a Portuguese competitor (Altice / PT Portugal)

297

The General Court dismisses Altice Europe’s action against the Commission decision imposing two fines totalling €124.5 million in connection with the acquisition of PT Portugal* However, it orders the amount of the fine relating to the breach of the obligation to notify the concentration to the (...)

General Court of the European Union The EU General Court confirms that the aid granted by Austria to its national airline in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market (Austrian Airlines / Laudamotion)

778

The General Court confirms that the aid granted by Austria to Austrian Airlines in order to compensate it for the damage resulting from the cancellation or rescheduling of its flights due to the COVID-19 pandemic is compatible with the internal market* That aid, having been deducted from the (...)

General Court of the European Union The EU General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure against two shoe retail companies for transfer pricing (Nike / Converse)

345

Tax rulings issued to Nike and Converse by the Netherlands tax administration : the General Court dismisses the action brought against the Commission’s decision to initiate the formal investigation procedure* The Commission complied with the procedural rules, and neither failed to fulfil its (...)

General Court of the European Union The EU General Court annuls the Commission’s decision which found that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid (Dansk Erhverv)

456

The General Court annuls the Commission decision finding that the non-charging of a deposit on certain drinks packaging sold by German border shops to customers resident in Denmark does not constitute State aid* The Commission was not in a position to overcome, at the preliminary stage, all (...)

General Court of the European Union The EU General Court annuls the Commission’s decision approving the State aid granted by Germany to an airline company on the grounds of an inadequate statement of reasons (Condor Flugdienst)

633

The General Court annuls the Commission decision approving the State aid granted by Germany to the airline Condor Flugdienst on the grounds of an inadequate statement of reasons* However, because of the economic and social context marked by the Covid-19 pandemic, it suspends the effects of the (...)

General Court of the European Union The EU General Court clarifies the relationship between the rules on State aid and the principle of non-discrimination on grounds of nationality (Ryanair)

190

The solvency support fund for strategic Spanish undertakings experiencing temporary difficulties due to the impact of the Covid-19 pandemic is compatible with EU law* The measure at issue, intended for the adoption of recapitalisation measures with a budget of €10 billion, constitutes a State (...)

General Court of the European Union The EU General Court annuls the Commission’s decision declaring the aid granted in favour of a Luxembourg subsidiary of a big tech company incompatible with the internal market (Amazon)

415

No selective advantage in favour of a Luxembourg subsidiary of the Amazon group : the General Court annuls the Commission’s decision declaring the aid incompatible with the internal market* According to the General Court, the Commission did not prove to the requisite legal standard that there (...)

General Court of the European Union The EU General Court of Justice finds that the aid measures introduced by Sweden and Denmark for an airline company’s damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the COVID-19 pandemic comply with EU law (Ryanair)

987

Aid measures introduced by Sweden and Denmark for SAS for damage resulting from the cancellation or rescheduling of flights in the wake of travel restrictions caused by the Covid-19 pandemic comply with EU law* Given that SAS’s market share is much higher than that of its closest competitor in (...)

General Court of the European Union The EU General Court confirms that the rules of a sports union providing severe penalties for athletes taking part in other speed skating events are contrary to EU competition law (International Skating Union)

336

The General Court confirms that the rules of the International Skating Union (ISU) providing for severe penalties for athletes taking part in speed skating events not recognised by it are contrary to EU competition law* On the other hand, the Commission was wrong to dispute the ISU’s (...)

General Court of the European Union The EU General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the national rail freight market (Lietuvos geležinkelai)

357

The General Court upholds the Commission’s decision finding that the national railway company of Lithuania abused its dominant position on the Lithuanian rail freight market* Lietuvos geležinkeliai AB (‘LG’), the national railway company of Lithuania, both manages railway infrastructure and (...)

General Court of the European Union The EU General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by several French undertakings in the distribution sector (Casino, Guichard-Perrachon / Achats Marchandises Casino) (Intermarché Casino Achats) (Les Mousquetaires / ITM Entreprises)

982

The General Court annuls in part the Commission’s inspection decisions following suspicions of anticompetitive practices by a number of French undertakings in the distribution sector* The Commission has failed to show that it had sufficiently strong evidence to suspect exchanges of information (...)

General Court of the European Union The EU General Court rules that the Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme and that the unlawful State aid granted under that system must be recovered from the beneficiaries (Spain / Lico Leasing / Pequeños y Medianos Astilleros Sociedad de Reconversión)

301

The Spanish tax system applicable to certain finance lease agreements entered into by shipyards constitutes an aid scheme* The unlawful State aid granted under that system must be recovered from the beneficiaries In 2006, the European Commission received a number of complaints concerning the (...)

General Court of the European Union 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)

315

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 (...)

General Court of the European Union 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)

641

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 (...)

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

416

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 (...)

General Court of the European Union The EU General Court confirms the decision of the Commission sanctioning a cartel on the market for cathode ray tubes but reduces the fines for some undertakings (Panasonic / Samsung / LG / Philips / Toshiba)

57

The General Court reduces the fines imposed by the Commission on Panasonic and on Toshiba for their participation in a cartel on the European market for tubes for television sets* However, it confirms the fines imposed on the other members of the cartel By decision of 5 December 2012, [1] the (...)

General Court of the European Union The EU General Court dismisses an appeal of parent companies for their participation in a cartel in the methacrylates sector but reduces the fines on their subsidiaries (Total / Elf Aquitaine)

47

The General Court reduces the fine imposed on Arkema and its subsidiaries for their participation in a cartel in the methacrylates sector from €219.1 million to €113.3 million* However, the Court upholds the fines imposed on the parent companies Total and Elf Aquitaine By decision of 31 May (...)

General Court of the European Union The EU General Court provides guidance on the presumption of innocence and quashes the Commission’s decision for publishing a non-confidential version of a decision on a cartel in the chemical industry (Pergan Hilfsstoffe)

40

THE COURT OF FIRST INSTANCE ANNULS THE DECISION REFUSING CONFIDENTIAL TREATMENT FOR THE PUBLISHED VERSION OF A COMMISSION DECISION ON CARTELS* For the Commission to be entitled to disclose to the public the details of an undertaking’s infringement in respect of which proceedings are time (...)

General Court of the European Union The EU General Court annuls a decision of the Commission and confirms the obligation to carry out concrete, individual examination when access to documents is requested (Verein für Konsumenteninformation)

40

THE COURT ANNULS A COMMISSION DECISION REJECTING IN ITS ENTIRETY A REQUEST FOR ACCESS TO THE ADMINISTRATIVE FILE IN A COMPETITION CASE CONCERNING AUSTRIAN BANKS* Concrete, individual examination of the documents referred to in a request for access is one of the elementary duties of an (...)

General Court of the European Union The EU General Court reduces the fines on steel tube producers and clarifies the Commission’s powers in the context of the geographical scope of infringement (JFE / Nippon / Sumitomo)

51

THE COURT OF FIRST INSTANCE REDUCES THE FINES IMPOSED BY THE EUROPEAN COMMISSION ON STEEL TUBE PRODUCERS BY 13 MILLION EUROS The Commission was unable to produce evidence covering the entire duration of the infringement By a decision of 8 December 1999, [1] the European Commission ordered (...)

General Court of the European Union The EU General Court reduces the fines imposed by the Commission in the graphite electrode cartel for wrongful application of calculation method (Tokai Carbon / SGL / Nippon / Showa Denko / GrafTech / SEC)

63

THE COURT OF FIRST INSTANCE REDUCES THE FINES IMPOSED BY THE DECISION OF THE COMMISSION AGAINST AN ANTICOMPETITIVE CARTEL IN THE GRAPHITE ELECTRODE MARKET The total amount of the fines is reduced from EUR 207.2 million to EUR 152.8 million In a decision of 2001, the Commission found the (...)

General Court of the European Union The EU General Court finds that the Commission did not exceed its investigative powers and so confirms the decision sanctioning cartels in the Greece-Italy shipping sector (Minoan / Marlines / Ventouris / Adriatica / Strintzis)

51

THE COURT OF FIRST INSTANCE CONFIRMS THE SUBSTANCE OF THE COMMISSION’S DECISION SANCTIONING ANTI-COMPETITIVE CARTELS IN THE GREECE-ITALY SHIPPING SECTOR* Fines imposed on Ventouris Group Enterprises SA and Adriatica di Navigazione SpA alone were reduced on the ground that the Commission’s (...)

General Court of the European Union The EU General Court dismisses the appeal brought by steel undertakings in the "steel beams" cartel and confirms no infringement of the right to defence in the administrative procedure before the Commission (Thyssen Stahl / Corus)

41

THE COURT DISMISSES SIX OF THE EIGHT APPEALS BROUGHT BY STEEL UNDERTAKINGS AND THEIR TRADE ASSOCIATION EUROFER WHICH HAD BEEN FOUND GUILTY OF ENGAGING IN A CARTEL* The Court annuls two judgments of the Court of First Instance : that concerning ARBED SA in its entirety and that concerning (...)

General Court of the European Union The EU General Court annuls a Commission decision prohibiting a merger in the packaging industry for insufficient evidence in the examination of the potential leveraging methods (Tetra Laval / Sidel)

65

THE COURT OF FIRST INSTANCE ANNULS A COMMISSION DECISION PROHIBITING THE MERGER OF TETRA LAVAL AND SIDEL AND THE RELATED DIVESTITURE DECISION.* The economic analysis of the immediate anti-competitive effects, of conglomerate effects and of the foreseeable conduct of the companies in question (...)

General Court of the European Union The EU General Court confirms the existence of a cartel in the EU district heating market and establishes that the Commission has no obligation to inform parties on a new method to calculate the amount of fines (HFB / Brugg / Løgstør / Ke Kelit / Dansk Rørindustri / LR AF / Sigma / ABB Asea)

64

THE COURT OF FIRST INSTANCE CONFIRMS THE EXISTENCE OF A CARTEL IN THE EUROPEAN DISTRICT HEATING MARKET.* The fines imposed by the European Commission are generally upheld by the Court of First Instance, the total amount being EUR 83,410,000. However, the fines imposed on two undertakings have (...)

General Court of the European Union The EU General Court confirms the Commission decision fining twelve participants in a PVC cartel and rejects claims on procedural errors (Limburgse and others)

40

THE COURT OF FIRST INSTANCE GENERALLY CONFIRMS THE COMMISSION DECISION FINING 12 PVC PRODUCERS FOR PARTICIPATING IN AN ILLEGAL CARTEL* However, the Commission fines totalling 19 250 000 euros are reduced in respect of three undertakings In October 1983, following investigations conducted in (...)

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