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Copper cartel participant’s human rights appeal rejected by ECJ

Nabarro LLP
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European Union
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December 16 2011

The European Court of Justice (ECJ) has rejected arguments by two participants in a copper cartel that the General Court infringed community law and their fundamental right to a fair trial by failing to carry out an adequate review of the Commission’s decision

Commission erroneously evaluated tender on the basis of bidders’ experience

Nabarro LLP
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European Union
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December 16 2011

The General Court (GC) has criticised the European Commission’s basing of the award of a contract on the criterion of the tenderers’ experience in breach of procurement rules which require experience to be assessed at the selection stage

ECJ confirms France Télécom received a selective advantage under the tax rules

Nabarro LLP
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European Union
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December 16 2011

The ECJ upheld the General Court’s decision that the special tax regime afforded to France Télécom (FT) between 1994 and 2002 constituted state aid

Solvay’s 23m fine overturned as Commission pays the price for procedural errors

Nabarro LLP
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European Union
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November 10 2011

On 25 October 2011, the European Court of Justice (ECJ) annulled the General Court’s judgments and overturned over 20m in fines on Solvay, the world’s largest producer of soda ash, for abuse of dominance and price-fixing

Failure to award a contract for additional urban planning services breaches procurement rules

Nabarro LLP
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European Union, Greece
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November 10 2011

The ECJ ruled in case C-60110 that failure by Greek local authorities to open a new tender process for additional urban planning services amounted to a breach of the procurement rules

Results of ECJ ruling on broadcasting rights for major sporting events is an even match

Nabarro LLP
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European Union
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October 21 2011

The grant of absolute territorial exclusivity in licences for broadcasting rights to Premier League football is coming under review following a recent ruling by the European Court of Justice (ECJ

Commission fails to act in response to Ryanair complaints

Nabarro LLP
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European Union
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October 21 2011

The General Court (in T-44207) has found that the European Commission failed in its obligation by not defining its position in response to complaints by Ryanair that the Italian government had granted state aid to Italian airlines Alitalia and Volare

In-house lawyers do not have standing before the European courts

Nabarro LLP
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European Union, Poland
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October 3 2011

In a recent ruling, the General Court declared inadmissible an appeal in a competition case on the basis that the appeal was brought by an in-house lawyer rather than external counsel

EU law cannot be applied retroactively to penalise Czech cartel

Nabarro LLP
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Czech Republic, European Union
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October 3 2011

Advocate General Kokott (AG) has given an opinion that EU anti-cartel laws cannot apply to companies in EU member states for actions taking place before the date of that country’s accession to the EU

General Court refuses to release a company from paying its fine or giving a guarantee

Nabarro LLP
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European Union
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August 19 2011

The General Court has rejected an application by Fapricela to relieve it from the obligation to pay a fine of 8.874m, pending the outcome of its appeal against the decision

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