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  • Article

    ECJ Advocate General’s Opinion On Whether Fine May Be Imposed On Company Acting Under Belief Its Conduct Was Lawful

    On 28 February 2013, Advocate General Kokott issued an opinion on a preliminary reference from the Austrian Cartel Court of Appeal.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Unexpectedly Opines Against Validity Of Draft EU Agreement To Accede To ECHR

    The issue of the EU’s accession to the ECHR is almost as old as the EU itself.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
Van Bael & Bellis
  • Article

    ECJ Upholds GC Ruling That Reduction In Subsidiary’s Fine Also Applies To Parent Company Where Appeals Have Common Object

    In a recent case, the Court of Justice of the EU ruled that, when the EU courts reduce a fine imposed by the Commission on a subsidiary for an infringement of the EU competition rules, they may also apply the same reduction to the fine imposed jointly and severally on the subsidiary’s parent.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Proposes Amendments To Procedural Rules In Competition Proceedings In Order To Reflect Damages Directive

    On 17 December 2014, the European Commission published a proposal to amend its procedural rules and notices following the recent adoption of Directive 2014/104 on competition damages actions.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    European Commission Publishes Results Of EU Consumer Law Review

    On 29 May 2017, the European Commission (the "Commission") published the final report on the results of its review of EU consumer law (the "Fitness Check"), which was initiated in January 2016.
    European UnionConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Limits On Comparative Price-Based Advertising Between Shops Of Different Sizes

    With reference to the case at hand, the ECJ found information concerning the difference in store sizes on which the price comparison is based to be material.
    European UnionMedia, Telecoms, IT, Entertainment
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ: Examination Answers Are Personal Data

    The ECJ considered the broad scope of ‘any information' in the definition of personal data under Article 2(a) of the Data Protection Directive.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Hands Down Preliminary Ruling On Anti-Competitive Agreements Between Insurance Companies And Repair Shops

    On 14 March 2013, the Court of Justice of the European Union ("ECJ") handed down a judgment on a reference for a preliminary ruling from the Hungarian Supreme Court on the application of Article 101 TFEU to certain agreements between insurance companies and car repair shops.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Article 29 Working Party Opinion On Anonymisation Techniques

    The Article 29 Data Protection Working Party adopted an opinion that reviews the effectiveness and limits of existing anonymisation techniques.
    European UnionPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    CAT Rejects Ryanair Appeal Over Competition Commission Decision To Continue Investigation Into Acquisition Of Aer Lingus Minority Stake; EU Probe Moves To Phase II

    On 8 August 2012, the UK’s Competition Appeal Tribunal ("CAT") handed down a judgment in relation to a challenge by Irish airline Ryanair against the decision of the Competition Commission ("CC") to continue its investigation into Ryanair’s completed acquisition of a minority shareholding in rival Aer Lingus, notwithstanding the European Commission’s parallel examination of a proposed public bid by Ryanair to acquire the entirety of Aer Lingus’ share capital (the "Public Bid").
    United KingdomAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority Closes Investigation Into Electrabel's Pricing Policy

    Under the European greenhouse gas emission trading scheme, industrial firms are required to cover their emissions of greenhouse gasses with an amount of emission allowances corresponding to their actual emissions.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Commissions An Expert Report To Determine Whether Belgacom Abused Its Dominant Position In The Mobile Telephony Sector

    The Court of Appeal sided with the Commercial Court’s view that an expert report is required before making a final decision on the existence of an abuse.
    BelgiumAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU Court of Justice Clarifies Rules on Jurisdiction in Relation to Services Offered on Internet to Consumers

    On 7 December 2010, the Court of Justice of the European Union (the "ECJ") delivered a judgment in response to two references for a preliminary ruling lodged by the Austrian Supreme Court with regard to the interpretation of Articles 15(1)(c) and 15(3) of Council Regulation 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the so-called "Brussels I Regulation").
    BelgiumConsumer Protection
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Court Of Appeal Reduces Fines Imposed On Fortis' Former Top Executives

    On 24 September 2015, the Brussels Court of Appeal reduced the fines that the Financial Services and Markets Authority had imposed on Ageas, the successor in title of Fortis Bank, and on two of its former top executives...
    BelgiumFinance and Banking
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Charter To Facilitate Access Of SMEs To Public Procurement Procedures

    On 14 February 2018, the Belgian Official Journal (Belgisch Staatsblad/Moniteur belge) published a Charter on the Access of Small and Medium-sized Enterprises to Public Procurement Procedures ...
    BelgiumGovernment, Public Sector
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Brussels Commercial Court Exclusively Competent To Hear Patent Cases

    The Commercial Court of Liège (the "Liège Court") applied the new territorial jurisdiction rules for patent cases and referred an action for annulment to the Brussels Commercial Court.
    BelgiumIntellectual Property
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    VBB On Belgian Business Law | Volume 2023, NO 2

    On 26 January 2023, the Belgian Supreme Court (the Supreme Court) quashed a judgment of the Liège Court of Appeal (the Court of Appeal) finding that a subagent was not entitled...
    BelgiumPrivacy
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Competition Authority To Secure New Board Member And Amended Procedures But To Lose Competence To Review Hospital Mergers

    On 6 February 2024, the federal Council of Ministers submitted to the Chamber of Representatives of the federal Parliament bill 55K3813 (the Bill)...
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    ECJ Dismisses Astrazeneca Appeal Over Abusive Misuse Of Patent System And Regulatory Procedures Involving Anti-Ulcer Pharmaceutical Losec®

    On 6 December 2012, the Court of Justice of the European Union handed down its judgment in the AstraZeneca case, following an appeal against a 2010 judgment of the General Court which itself had upheld in large part an earlier decision of the European Commission that had imposed a € 60 million fine on the company for abuse of the patent system and regulatory procedures in the pharmaceutical sector.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    EU General Court Dismisses Four Appeals In Calcium Carbide And Magnesium Reagents Cartel Case

    The General Court of the European Union dismissed appeals by four undertakings against a Commission decision fining them for their involvement in a cartel affecting the supply of calcium carbide and magnesium reagents.
    European UnionAntitrust/Competition Law
    Van Bael & Bellis
    Van Bael & Bellis
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