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Results: 1-10 of 39

Right to damages when European Commission fails to respect procedural rights

  • Hogan Lovells
  • -
  • European Union
  • -
  • July 13 2007

In a blow to the European Commission (the Commission), the European Court of First Instance has decided that Schneider Electric SA (Schneider) must be partially compensated for the Commission’s subsequently annulled prohibition of the proposed merger between Schneider and Legrand SA (Legrand

Antitrust and competitionthe EU weekly briefing, vol. 1, issue 23

  • Winston & Strawn LLP
  • -
  • European Union
  • -
  • April 15 2013

On 11 April 2013, the General Court upheld an appeal by Mindo Srl (Mindo) against a judgment by the General Court. In October 2011, the General Court

Deduction of input VAT related to the sale of a subsidiary

  • Greenberg Traurig LLP
  • -
  • European Union
  • -
  • November 25 2009

On October 29, 2009 the European Court of Justice (case C-2908) rendered an important judgment regarding the right to deduct input VAT related to the sale of a subsidiary

Zwijnenburg case: ECJ protects tax payer against to far fetching interpretation of anti-abuse provisions

  • NautaDutilh
  • -
  • Belgium, European Union, Netherlands
  • -
  • June 4 2010

On 20 May 2010, the European Court of Justice ("ECJ") issued a ruling in the Modehuis A Zwijnenburg BV case regarding the application of the anti-abuse provision of the Tax Merger Directive

European Court of Justice decision no abuse of the Merger Directive if the avoided tax is not covered by the directive

  • Greenberg Traurig LLP
  • -
  • European Union, Netherlands
  • -
  • August 6 2010

On 20 May 2010, the European Court of Justice (ECJ) issued its judgment in the Modehuis Zwijnenburg case (C-35208) regarding the interpretation of the anti-avoidance provision in the EU Merger Directive (Directive

TUPE: may apply to service company employees working in business being transferred

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • November 5 2010

The ECJ has ruled that the Acquired Rights Directive on the transfer of undertakings can apply where a business is being sold by an operating company but the employees assigned to work in that business are actually employed by a service company in the group

TUPE: ECJ confirms service company employees transfer employment on business transfers

  • King & Spalding LLP
  • -
  • European Union, United Kingdom
  • -
  • October 22 2010

The European Court of Justice (the ECJ), in Albron Catering BV v. FNV Bondgenoten and Roest, has confirmed on 21 October 2010 that employees employed by a service company who are assigned to a business will automatically transfer their employment to the acquirer of the business even though they are not employed by the “transferor” of the business

European Union General Court rules on Ryanair's bid for Aer Lingus

  • A&L Goodbody
  • -
  • European Union, Ireland
  • -
  • July 6 2010

The European Union's General Court (the old Court of First Instance) today ruled on two appeals relating to the European Commission's prohibition of Ryanair's bid for Aer Lingus

TUPE can protect non-employees if employed elsewhere in transferor's group

  • Mills & Reeve LLP
  • -
  • European Union, United Kingdom
  • -
  • November 17 2010

In the Albron Catering case, involving the sale of Heineken's in-house catering division, the European Court of Justice has applied a wide interpretation of the Acquired Rights Directive, the EU parent of our Transfer of Undertakings Regulations (TUPE

Acquired Rights Directive applies to transfers by non-contractual employer

  • Shepherd & Wedderburn LLP
  • -
  • European Union, United Kingdom
  • -
  • November 11 2010

The ECJ has recently held that the Acquired Rights Directive (ARD) applies on the transfer of an undertaking by a group company where a different group company employs the affected employees, provided they are permanently assigned to the undertaking being transferred (Albron Catering v FNV Bondgenoten and Roest