Author Archives: Xavier

Joined Cases T-539/12 and T-150/13 Ziegler v Commission: Damages for a cartel decision

Here’s another twist in the saga of the removal services case. And rather a cheeky one too ! Two undertakings that the Commission found in its decision to have participated in an illicit cartel in breach of Article 101 TFEU sued the Commission in damages …. for adopting that decision ! In its judgment of 15 January 2015 in Joined Cases T-539/12 and T-150/13 Ziegler SA and Ziegler Relocation SA, EU:T:2015:15 the General Court dismissed the claim.

Here’s the story.  Continue reading

Joined Cases C-401/12 P to C-403/12 P Council v Vereniging Milieudefensie and others and Joined Cases C-404/12 P and C-405/12 P Council v Stichting Natuur en Milieu: international agreements, lack of direct effect and reliance in EU Courts.

The Court of Justice handed down two interesting judgments back in January 2015 on the rights of environmental NGOs and the compatibility of EU legislation with international agreements. The two judgments – in Joined Cases C-401/12 P to C-403/12 P Council v Vereniging Milieudefensie and others, EU:C:2015:4, and Joined Cases C-404/12 P and C-405/12 P Council v Stichting Natuur en Milieu and Pesticide Action Network Europe, EU:C:2015:5 – clarify when applicants can rely an international agreement which does not have direct effect. Continue reading

Case C-562/13 Moussa Abdida: Return of illegal immigrants and proper judicial remedy with suspensive effect

Back in December 2014 – on the same day as it gave its Opinion on EU accession to the European Convention on Human Rights which we noted up here – the Court of Justice handed down an interesting judgment in Case C-562/13 Moussa Abdida, EU:C:2014:2453, on what sort of judicial remedies should be available to a third-country immigrant who has been declared to be staying illegally to challenge that declaration when he claims he needs to stay to get medical treatment.

The Court held that such an immigrant must be able to challenge the decision to send him back to his country of origin with suspensive effect and must also, in the meantime, get social assistance to cover his basic needs pending his appeal.

The judgment shows how the Court is willing to interpret the provisions of EU law in such a way that they comply with the Charter of Fundamental Rights and with the European Convention on Human Rights.

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Case T-140/12 Teva Pharma BV v EMA and Commission : New pleas and objection of illegality

Proceduralists will love the judgment of the General Court of 22 January 2015 in Teva Pharma BV v European Medicines Agency (EMA) and Commission, T-140/12, EU:T:2015:41. Two interesting procedural points came up:

  1. when can a new plea be adduced by the Applicant in the course of the litigation, and
  2. what sort of measures can be the subject of an objection of illegality pursuant to Article 277 TFEU.

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Case C-411/14 P Romano Pisciotti v Commission: Infringement actions, extradition and private complainants

A reminder, in unusual circumstances, that individual cannot compel the Commission to commence infringement proceedings against a Member State pursuant to Article 258 TFEU. That is what the Court of Justice recalls in its Order in Case C-411/14 P Romano Pisciotti v Commission EU:C:2015:48. The case was a little different ….

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Case T-355/13 easyJet Airline Co. Ltd. v Commission: Complaints, Abuse and National Competition Authority

The judgment of the General Court of 21 January 2015 in EasyJet Airline Co. Ltd. v Commission, T-355/13, EU:T:2015:36, contains some interesting things about:

  • the Commission’s discretion to reject complains about breaches of the competition rules and judicial review of that discretion on the one hand and how the Commission and
  • how national competition authorities interact in the framework of the “European Competition Network” on the other.

A few facts first.

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