Case C-286/13 P Dole Food Co v Commission: Bananas cartel, certain procedural aspects

Let’s get back to the judgment of the Court of Justice’s judgment of 19 March 2015 in Case C-286/13 P Dole Food Company and Dole Fresh Fruit Europe v Commission, EU:C:2015:184 and look at a couple of procedural points that came up. The post on an interesting substantive aspect is here.

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Case C-596/13 P Commission v Moravia Gas Storage: Procedural changes, succession of directives and application in time

The Court of Justice’s recent judgment of 26 March 2015 in Case C-596/13 P Commission v Moravia Gas Storage EU:C:2015:203 sets out  – not for the first time – the principle according to which procedural rules in a new directive apply immediately to pending procedures.

Here’s what happened.  Continue reading

Case C-286/13 P Dole Food Co. v Commission: Bananas cartel, exchange of information and restriction by object

There’s a lot in the Court of Justice’s judgment of 19 March 2015 in Case C-286/13 P Dole Food Company and Dole Fresh Fruit Europe v Commission, EU:C:2015:184. There are some neat procedural points, interesting things on the calculation of competition fines and quite a section on what constitutes a restriction of competition “by object”.

It will take several posts to cover all those points so I’ll just deal with the substantive, “restriction by object” point.

A while ago on 16 September 2014, Maria wrote a post on  Case C- 67/13 P Groupement des cartes bancaires (“CB”) v European Commission. Many wondered whether that judgment would substantially change the understanding of restrictions of competition “by object” and “by effect”. A look at the Court’s judgment in Case C-286/13 P leads to the conclusion that rumours of a substantial change are either premature or unfounded.

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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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