A previous issue of this column had led to commenting on certain interesting aspects, in terms of procedural and sanctions law, of the judgment delivered by the Court of First Instance of the European Communities in the (...), These two Orders reiterate the conditions under which an application for recovery of costs incurred in respect of legal fees is considered (Ord. ), 4th ch., 29 October 2004, Schneider Electric v. Commission, case T-77/02 DEP (...), CFI (ord. He also played a key role in the modernization of the new agency’s antitrust policy and in the drafting of its guidelines on fines, settlements and compliance. Especially interesting in terms of the substance of competition law, especially sanctions (see (...), CFI, 13 December 2006, FNCBV v Commission, cases T-217/03 and T-245/03. v. Commission, Case T-95/03 C.) illustrates the well-known tactic used by litigation specialists whereby a judge who decides to innovate sometimes does (...), CFI, 16 November 2006, Peróxidos Orgánicos, SA v. Commission, Case T-120/04. 4th ch., 14 July 2004, Hynix Semiconductor v. Council, Case T-383/03 CFI (ord. Fined for their (...), CFI (order), 5th paragraph, 10 March 2005, IMS Health v Commission, Case T-184/01. Z.) le Business & Legal Forum. If the epilogue to the Alloy Surcharge case is worthy of interest, it is mainly because it illustrates (...), ECJ, 28 June 2005, Dansk Rørindustri a. o. v. Commission, Joined cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C-213/02 P This case gives the opportunity to discuss about the European approach to (...), The need to ensure consistency between public enforcement and private enforcement of antitrust law is of particular interest within the European Competition Network. And perhaps even with (...), CFI (ord. The provisions of the Rules of Procedure of the Court of First Instance of the European Communities relating to pleadings (essentially Articles 44, 46, 104, 115 and 116) provide that pleadings must contain, inter alia, ’a (...), CFI, 12 December 2006, Selex Sistemi Integrati SpA v Commission, Case T-155/04. Décembre 2015: une plainte au pénal a été déposée au TGI de Paris contre Bruno Lasserre et Fabien Zivy pour harcèlement moral. Although very much concerned with the litigation of fines, the Sodium Gluconate case (see this review, supra, chron. 2-2005, p. 90). The Holcim judgment, which provides a remarkable illustration of the way in which the CFI deals with economic liability litigation, will undoubtedly be a landmark in the future. If so, is the exercise of that right subject to certain conditions? In 2013, the French Minister for Economy and Finance, Pierre Moscovici, together with the President of the French Competition Authority, Bruno Lasserre, commissioned him the task of making a report on the future of merger control in Europe, which was submitted on 16 December. The (...), Previous issues of this column have discussed various aspects of the right of intervention granted to third parties in Community litigation who can show an interest in the settlement of a dispute (chron. Such negligence is probably not (...), CFI, 27 September 2006, Dresdner Bank and Others v Commission, Joined Cases T-44/02 OP, T-54/02 OP, T-56/02 OP, T-60/02 OP and T-61/02 OP. We will therefore confine (...), The relevance of this case is not only the reminder of the distinction drawn between the absence of an interest in bringing proceedings, assessed at the date of bringing the action (CFI, 30 April 1998, Cityflyer Express v Commission, Case T-16/96, paragraph 30, ECR p. II-757) and sanctioned by (...), Is the Commission entitled to adopt a competition enforcement decision on a time-barred infringement? 2,709 Followers, 436 Following, 471 Posts - See Instagram photos and videos from Ville de L'Isle-Adam (@villelisleadam) We will limit ourselves here to a brief report on the ruling We will limit ourselves here to a brief report on the ruling v. Commission, Case T-95/03 What it says - i.e. The main point of that order is the manner in which the right to intervene conferred on representative associations and (...), ECJ, 22 February 2005, Commission v. T-Mobile Austria (max.mobil Telekommunikation Service), case C-141/02 P During the Occupation, the French Government moved to Vichy, and Paris was governed by … 4th c., February 22, 2005, Hynix Semiconductor v. Council, Case T-383/03 CFI (ord. Another judgment marking the end point of a cartel case is that handed down on appeal by the Grand Chamber of the ECJ in the Pre-insulated pipes case. Lundi 18 janvier 2021 à 05:37, 105611 biographies, 1083 mises à jour depuis une semaine However, two procedural points should be noted which, because of their longer-term implications, could have a significant impact on the implementation of the competition rules by (...), Article 9(1) of Regulation 1/2003 (Cons. Pour améliorer le contenu de Wikipédia, nous vous proposons de travailler les articles ci-dessous. On 25 June 2004, Microsoft applied to the Court of First Instance for suspension of the operation of the Commission’s decision requiring it to disclose to its competitors certain information relating to the operation (...), CFI (ord. Fabien priznal, že pretek, ktorý chcel vždy vyhrať najviac zo všetkých, nikdy nevyhral a s Petrom by menil bez mihnutia oka. 22 December 2004, Microsoft v. Commission, Case T-201/04 R Si vous lisez le considérant 3 du jugement, il est clair que le "management toxique" et l'ensemble des actes évoqués relèvent des agissements de fabien Zivy, le chef de service juridique. ), 5th ch., 28 May 2004, Akzo Nobel Chemicals a.o. The First Chamber of the Court of First Instance, acting in its extended (...), Appeal for annulment of the order of the Court of First Instance dismissing as inadmissible an action for annulment brought by German companies operating on the Italian market for express document and parcel services at national and international level against a Commission decision finding, at (...), Almost a year after the max.mobil judgment, in which the Court of Justice sanctioned an undertaking for the unification of the status of complainants in the context of the application of the Community competition rules (see Concurrences, No 2-2005, chron. 6 talking about this. IMS Health was one of the lucky ones. At issue in this case was the question of the (...), The two judgments commented on above, which have their origin in the investigation procedure initiated by the Commission against Austrian banks suspected of having participated in the Lombard Club, are also of interest from a substantive point of view. Is it useful to proclaim its willingness to increase the fines imposed on companies which violate the Community competition rules if at the same time there is a delay in recovering the product? It is rare for an application for interim relief to be found to be well-founded by both the trial judge and the judge hearing the appeal. Having received an (...), The distinction between a decision and an informal communication in the field of State aid 1/2003 of 16 Dec. 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty) allows the European Commission to close proceedings without finding an infringement or imposing a penalty where an (...), Four judgments of the Court of First Instance recall two key aspects of the case law concerning complaints about possible infringements of the EC competition rules and the conditions under which the European Commission is allowed to reject them. The Ter Lembeek decision (see, on the merits, this review, State Aid column, note J.-Y. monumentum.fr depuis 2012 First Data, paragraphs 26 to 31, and Ord. The Ter Lembeek decision (see, on the merits, this review, State Aid column, note J.-Y. Compliance et concurrence : de la sensibilisation au contrôle. In 2011, he took over the job of Director of the Legal Service, which involved supporting the agency’s Board in the drafting of fining decisions and defending them before the Paris Court of Appeals and Supreme Courts (Cour de cassation and Conseil d’Etat). Vereniging Werkgroep (’VW’), which is involved in a dispute concerning an application for annulment brought by (...), CFI, 27 September 2006, GlaxoSmithKline Services, Case T-168/01 ), pres. Aykamajk Nedeľa, 25. február 2018 Záleží na tom, aké kritérium si nastavím - áno, čo sa týka monumentov, má Fabian veľký náskok. 2 2006, chron. He has returned to his home jurisdiction, the European General Court in 2014 as Legal Secretary of Judge S. Papasavvas, President of the 3rd Chamber. 4th ch., 14 July 2004, Hynix Semiconductor v. Council, Case T-383/03 CFI (ord. The judgment delivered by the Court of First Instance of the European Communities in the Organic Peroxides case, in which the Commission had penalised European chemists who had implemented a cartel aimed at preserving (...), CFI (order), 8 November 2006, Brandt industries v Commission, Case T-273/04. ch. 3th c., 4 March 2005, BUPA v. Commission, case T-289/03 It was likely that the networking of competition authorities in the European Community would quickly lead some operators to test the (...), The Groupe Danone judgment, which led the Court of Justice of the European Communities to begin clearing the ground for recidivism (see this review, No. This time it was the Court of First Instance that was called upon to look into the matter. CFI, 14 December 2006, Raiffeisen Zentralbank Österreich AG and Others v Commission, cases T-259/02 to T-264/02 and T-271/02. Paris started mobilizing for war in September 1939, when Nazi Germany attacked Poland, but the war seemed far away until May 10, 1940, when the Germans attacked France and quickly defeated the French army. That order is intended to be published in full in the ECR - which is now intended to be selective and therefore (...), The issue of access to the Community court system for those affected by State aid, which has already been raised in previous issues of this column, continues to be a topical issue. The main point of that order is the manner in which the right to intervene conferred on representative associations and (...), ECJ, 22 February 2005, Commission v. T-Mobile Austria (max.mobil Telekommunikation Service), case C-141/02 P The state of play recently drawn up by the Court of First Instance, recently (...), CFI, 13 December 2006, FNCBV v Commission, cases T-217/03 and T-245/03. A previous issue of this column (see ConcurrencesNo. If the epilogue to the Alloy Surcharge case is worthy of interest, it is mainly because it illustrates (...), ECJ, 28 June 2005, Dansk Rørindustri a. o. v. Commission, Joined cases C-189/02 P, C-202/02 P, C-205/02 P to C-208/02 P and C-213/02 P During the last (...), The French Conseil de la concurrence underwent a velvet revolution in 2006 / 2007, when it decided to launch a comprehensive dialogue on its rules of procedure with the competition bar. ), pres, 26 July (...), 106 West 32nd Street, Suite 144New York, NY, 10001, USA. 6 talking about this. These questions were at the heart of the Sumitomo case. On 25 June 2004, Microsoft applied to the Court of First Instance for suspension of the operation of the Commission’s decision requiring it to disclose to its competitors certain information relating to the operation (...), CFI (ord. abundantly commented on. provided an opportunity to point out that the (...), CFI, 5 December 2006, Westfalen Gassen Nederland v. Commission, Case T-303/02 CFI, 12 December 2006, Asociación de Empresarios de Estaciones de Servicio de la Comunidad Autónoma de Madrid a.o. That order has an innocuous appearance which must not be misleading; the full publication in the ECR, to which the order is also promised, (...), In the context of the debate on the relationship between administrative and judicial proceedings and, more generally, on the manner in which the power of full jurisdiction is exercised, already referred to in previous editions of this column, mention should be made very briefly of the order (...), The Tribunal’s judgment in the Groupe Danone case will be a landmark not only for what it says but also for what it does. It is recalled that the Court of First Instance of the European Communities recently ruled that a political party claiming to be a bank customer has a legitimate (...), CFI, 14 December 2006, Raiffeisen Zentralbank Österreich AG and Others v Commission, cases T-259/02 to T-264/02 and T-271/02. The report makes 10 recommendations intended to make the operation of merger control both more consistent and simpler throughout the EU’s various Member States. The judgment in British Aggregates (’BA’) deserves mention because of its dual interest from the point of view of procedural law on State aid, which, as is well known, is probably not the simplest or most logical (...), ECJ, 13 July 2006, Manfredi a. o., joined cases C-295/04 to C-298/04 A previous issue of this column had led to commenting on certain interesting aspects, in terms of procedural and sanctions law, of the judgment delivered by the Court of First Instance of the European Communities in the (...), These two Orders reiterate the conditions under which an application for recovery of costs incurred in respect of legal fees is considered (Ord. ), pres. ), 4th ch., 29 October 2004, Schneider Electric v. Commission, case T-310/01 DEP CFI (ord. The competitive relations which may exist between pharmaceutical companies and wholesalers of pharmaceutical specialities are not only relevant to antitrust proceedings before the Community courts but also to State aid proceedings (...), CFI, 23 November 2006, Ter Lembeek International NV v Commission, Case T-217/02. It is relatively infrequent for applications to intervene, which are the responsibility of the President and the Presidents of Chambers of the Court of First Instance of the European Communities, to be referred to the (...), ECJ, 5 October 2006, Transalpine Ölleitung in Österreich Gmbh (TAL) a. o. v. Finanzlandesdirektion für Tirol a. o., case C-368/04 ), pres. However, two procedural points should be noted which, because of their longer-term implications, could have a significant impact on the implementation of the competition rules by (...), Article 9(1) of Regulation 1/2003 (Cons. The judgment which is to lead the Court of Justice of the European Communities to address the question of an action for compensation for damage caused by a breach of the Community competition rules, following on from the (...), CFI, 4 July 2006, easyJet Airline v Commission, Case T-177/04 CFI (ord. Enlargement), 5 (...), ECJ, 21 September 2006, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnish Gebied v Commission, Case C-105/04 P ECJ, 21 September 2006, Technische Unie v Commission, Case C-113/04 P ECJ, 21 September 2006, JCB Service v Commission, Case C-167/04 P That order is intended to be published in full in the ECR - which is now intended to be selective and therefore (...), The issue of access to the Community court system for those affected by State aid, which has already been raised in previous issues of this column, continues to be a topical issue. The thoughts aimed at making this system more modern, simple, transparent and efficient can take (...), The immediate outcome of the Microsoft case is generally positive for the European Commission, subject to an appeal. MM tu ti píšem tú radu čo som sľúbila:Králiky ti nemôžu povedať,čo cítia alebo čo chcú,ale keď ich budeš mať už nejaký čas doma,zistíš,ako sa správajú,keď ), 2 August 2006, Aughinish Alumina v Commission, Case T-69/06 R Andreas Zivy (born October 19, 1955) is a Swiss businessman based in Binningen, Switzerland.He is the current chairman of Swiss agribusiness Ameropa Holding AG.. Compliance et concurrence : de la sensibilisation au contrôle. The competitive relations which may exist between pharmaceutical companies and wholesalers of pharmaceutical specialities are not only relevant to antitrust proceedings before the Community courts but also to State aid proceedings (...), CFI, 23 November 2006, Ter Lembeek International NV v Commission, Case T-217/02. Enlargement), 5 (...), ECJ, 21 September 2006, Nederlandse Federatieve Vereniging voor de Groothandel op Elektrotechnish Gebied v Commission, Case C-105/04 P ECJ, 21 September 2006, Technische Unie v Commission, Case C-113/04 P ECJ, 21 September 2006, JCB Service v Commission, Case C-167/04 P The judgment which is to lead the Court of Justice of the European Communities to address the question of an action for compensation for damage caused by a breach of the Community competition rules, following on from the (...), CFI, 4 July 2006, easyJet Airline v Commission, Case T-177/04 CFI (ord. Décembre 2015: une plainte au pénal a été déposée au TGI de Paris contre Bruno Lasserre et Fabien Zivy pour harcèlement moral. That Chamber dismissed the appeal brought by Marlines against the judgment dismissing its action for annulment, in so far as it concerned it, of the Greek Ferries decision (Fifth (...), The articulation of administrative and litigation procedures in competition matters Proceedings, Concurrences, n° 1-2004, p. 94and No. Cartels, note M.D.) Two Orders recall the terms under which the CFI examines a request for confidential treatment when it is contested by one of the (...), CFI, 26 January 2005, Piau v. Commission, Case T-193/02 CFI, 14 April 2005, Sniace v. Commission, Case T-88/01 One of the fundamental principles of Community annulment litigation is that the court may review the legality of the act referred to it only in the light of the factual elements "existing" at the date on which that act was adopted (...), CFI (order), 26 September 2006, Athinaïki Techniki v Commission, Case T-94/05. This time it was the Court of First Instance that was called upon to look into the matter. The number of requests for preliminary rulings on State aid matters, and more specifically on State aid litigation, is increasing; indeed, this is one of the major (...), ECJ, 5 October 2006, Commission v. France, Case C-232/05. Fined for their (...), CFI (order), 5th paragraph, 10 March 2005, IMS Health v Commission, Case T-184/01. ), pres. The judgment delivered by the Court of First Instance of the European Communities in the Organic Peroxides case, in which the Commission had penalised European chemists who had implemented a cartel aimed at preserving (...), CFI (order), 8 November 2006, Brandt industries v Commission, Case T-273/04. ), pres. ), 2nd ch., 6 September 2004, Imperial Chemical Industries v. Commission, case T-36/91 DEP and T-37/91 DEP CFI (ord. This could be summarised in two recent decisions in which the CFI ruled, for the first time, that "the fact that the Commission gives third parties full access to the text of a decision placed on its website, combined with the publication of (...), CFI, 15 June 2005, Tokai Carbon a. o. v. Commission, "Speciality Graphite", Joined cases T-71/03, T-74/03, T-87/03 and T-91/03 Une affaire tragique met au jour des dysfonctionnements majeurs dans la gouvernance de l’Autorité de la concurrence. le 25 mars 2013 - Jean-Paul VIART - Actualité. disputes relating not to the substance of the law but to the procedure by which the administration decides on the matter. Honeywell tried everything, but nothing worked: its action for annulment against the Commission’s decision declaring its merger with General Electric incompatible with the common market (Commission Decision 2004/134/EC (...), It will be remembered that, following the reduction by the Court of First Instance of the fine imposed on Irish Sugar (Commission of the European Communities, Dec. No 97/624/EC of 14 May 1997, Irish Sugar, Case IV/34.621, 35.059/F-3, OJ L 258, 22.7.1997, p. 1), the Court of Justice of the (...), Reference should be made to a new order on intervention in the Microsoft case, which illustrates by two examples the limits of the right of intervention provided for by the Statute of the Court of Justice (Article 40) and the Rules of Procedure of the Court of First Instance (Articles 115 and (...), The action for annulment dismissed as inadmissible is still at issue in the order of the Fifth Chamber of the Court of First Instance in the Tramarin case. It is relatively infrequent for applications to intervene, which are the responsibility of the President and the Presidents of Chambers of the Court of First Instance of the European Communities, to be referred to the (...), ECJ, 5 October 2006, Transalpine Ölleitung in Österreich Gmbh (TAL) a. o. v. Finanzlandesdirektion für Tirol a. o., case C-368/04 Puis, voyant que ce monsieur était mis en examen depuis octobre 2019, pour complicité de harcèlement moral ayant entrainé le décès de Alain Mouzon, j'ai cherché quel avait été le sort réservé à monsieur Fabien Zivy, ce chef de service juridique, harceleur . Le Salon Réalités Nouvelles, salon historique parisien depuis plus de 60 ans, se déroule au Parc Floral de Paris à Vincennes. ), 4th ch., 29 October 2004, Schneider Electric v. Commission, case T-77/02 DEP (...), CFI (ord. ), pres, 26 July (...), 106 West 32nd Street, Suite 144New York, NY, 10001, USA. Having received an (...), The distinction between a decision and an informal communication in the field of State aid Unlike the low-cost airline easyJet, which was found admissible to bring an action for annulment of the (...), CFI (order), 26 June 2006, Olympiakes Aerogrammes v Commission, Case T-416/05 R CFI (Ord. The French government departed Paris on June 10, and the Germans occupied the city on June 14. 9783833123764 3833123761 Culinaria Mundial, Fabien Bellhansen 9782751401015 2751401015 Lille Metropole a Pied 9788428320481 8428320489 Aire Acondicionado, Enrique Carnicer Royo 9783791315478 3791315471 Sempe on Holiday Signed 9783934042025 3934042023 Blutenzauber Postcards 30, Admos ), pres. It is rare for an application for interim relief to be found to be well-founded by both the trial judge and the judge hearing the appeal.