EU LAW ARTICLES

The Draft Directive on Competition Law Damages – What does it mean for Infringers and Victims?
3 September 2013
Author(s): Anneli Howard

In June 2013, the European Commission issued a package of draft legislation governing procedural rules for private damages actions across the 28 Member States of the EU. This article considers the impact of this legislation and the possible ...

Specific Tax Regimes and European State Aid Rules: The UK Aggregates Levy
10 August 2012
Author(s): Laura Elizabeth John

Whether a specific tax regime is compatible with European state aid rules turns on the question of whether it is 'selective':  does it favour certain undertakings or products over comparable undertakings or products, in a way that is not ...

Emerald Supplies Ltd v British Airways Plc - pub. E.C.L.R. Issue 3, 2010
2 February 2010
Author(s): Jorren Knibbe

This material was first published by E.C.L.R Limited in E.C.L.R. Issue 3, 2010 and is reproduced by agreement with the ...

The specificity and added value of the acquis of the Council of Europe treaty law ~ Committee on Legal Affairs and Human Rights
8 October 2009
Author(s): Jeremy McBride
Member(s): Jeremy McBride

This report is concerned with the extent to which the Council of Europe's treaty law can be regarded as having both specificity and added value. It defines the considerations relevant to establishing such characteristics and examines the content ...

Revisiting the Irish Referendum ~ Article written for the European Lawyer, October 2009
29 September 2009
Author(s): Michael Collins SC

Institutional reform is not usually the stuff of passion.  But the Lisbon Treaty has generated in Ireland a dazzling array of emotions - weariness, hostility, frustration, incredulity, enthusiasm and, most of all, bewilderment. The second ...

A Good Friday ~ Article first published in Legal Week, 15 February 2007
19 February 2007
Author(s): Daniel Beard QC

There should have been gasps of relief in boardrooms across the country last Friday.  Was it confidence, insouciance or ignorance that led to the deafening silence?  Last year the High Court decided that the price of data concerning ...

European Court of Justice Rules on Barrister Language Test ~ Article first published by 352 Luxembourg News, September 2006
1 September 2006
Member(s): Valentina Sloane, Christopher Vajda QC

English barrister Graham Wilson last week won a case he brought against the local Bar Council (Ordre des Avocats du Barreau du Luxembourg) in the European Court of Justice.  The court's decision ruled that the Council had no right to oblige ...

Carousel Judgment puts Traders in a Spin ~ Article first published in the European Lawyer, March 2006, Issue 56
30 May 2006
Author(s): Melanie Hall QC

While traders may draw some comfort from a European Court of Justice finding that an innocent company cannot be held liable for the fraudulent activity of others, persisting ambiguities assure the prospect of further litigation on the ...

Food for Thought ~ Article first published by Legal Week, 15th September 2005
21 September 2005
Author(s): Ian Rogers QC

Human Rights in EU Law and Taxation
27 September 2004
Author(s): Gerry Facenna

Community law initially developed unfettered by considerations of human rights. The European Court of Justice ("ECJ") at first considered itself unable to review Community acts by reference to fundamental rights. However, ...

Modernisation of EC Competition Law ~ Ringing the Changes
30 June 2004
Author(s): Gerry Facenna, Anneli Howard

From 1 May 2004, the investigatory and enforcement framework of European competition law has been radically overhauled. Council Regulation (EC) No. 1/2003 of 16 December 2002, ("the Modernisation Regulation") replaces Council Regulation (EEC) No. ...

Appeals Court Overturns OFT Decision ~ Article published by the European Lawyer April 2004
30 April 2004
Author(s): Valentina Sloane, Christopher Vajda QC

In the first case to consider the UK's new merger regime established by the Enterprise Act 2002 - Office of Fair Trading v. IBA Health - the Court of Appeal has provided guidance on two important issues of principle.  It is a case ...

Courting Controversy ~ Article Legal Week - 28th August 2003
28 August 2003
Author(s): Julian Gregory

The British Energy (BE) rescue aid case is an interesting example of the crossover between judicial review in the High Court and judicial review in the European Courts in Luxembourg.  This is because the granting of state aid usually ...

What to do with the European Insolvency Regulation
18 April 2002
Author(s): Paul Lasok QC

The EC Treaty contains various provisions dealing with the "approximation" or "harmonisation" of the laws of the Member States where to do so is necessary or desirable in order to further the purposes of the Treaty.  In general ...

Vertical Restraints in Domestic and EC Competition Law
15 January 2002
Author(s): Peter Roth QC, Valentina Sloane

This paper sets out in summary the application of Article 81 EC and the Competition Act 1998 to vertical agreements and restraints.  At the EC level, the law on vertical restraints has undergone radical reform.  The ...