Appeals Against Resolutions On An Advisory Opinion: When Does An Adverse Outcome Entail Sufficient Grounds?

A ruling of the Federal Court of Appeals sets out a new perspective on what would be the grounds for the filing of appeals against Advisory Opinions.

Introduction

In a recent ruling ("Talanx International AG and others v. Antitrust Commission"), the Federal Civil and Commercial Court of Appeals (the "Court of Appeals") rejected an appeal filed against a resolution issued by the Secretary of Domestic Trade (the "Secretary") by means of which it ordered the notification of a transaction. This ruling sets out a new perspective on what would be the grounds for the filing of appeals against Advisory Opinions.

Analysis

On July 10, 2012, Room I of the Court of Appeals issued a ruling by means of which it rejected the appeal filed by Talanx International AG and Messrs. Antonio Tedin and Marcelo Fabiano against Resolution No.106 dated July 27, 2011 issued by the Secretary (the "Resolution"). The challenged Resolution had been issued in the context of the Advisory