FR
News
14/03/2019
Identical notion of undertaking for "public" and "private" enforcement

On March 14, 2019, in case C-724/17, Vantaan kaupunki c. Skanska Industrial Solutions Oy e.a., the Court of Justice issued a judgment extending the concept of undertaking, as applicable to EU competition law, to private actions for compensation of infringements to competition law brought at Member States level.

The Court reiterated that, while it is within the internal legal order of each Member State to regulate the manner in which the right to claim compensation for the harm resulting from an anticompetitive practice should be brought, the question of the determination of the legal body to be held liable for damages caused by an infringement of Article 101 TFEU is directly governed by EU law through the concept of undertaking, as used in Article 101 TFEU. It is therefore for the undertaking, within the meaning of Article 101 TFEU, which participated in the anticompetitive practice, to compensate the victim for the damage caused by that practice.

The Court also confirms that the new Damage Directive (Directive 2014/104/EU) is in line with this interpretation. 

Finally, the Court recalls that actions for damages for infringement of UE competition rules are an integral part of the system for enforcement of those rules, which are intended to punish anticompetitive behaviour on the part of undertakings and to deter them from engaging in such conduct. The concept of “undertaking” within the meaning of Article 101 TFEU cannot therefore have a different scope with regard to the imposition of fines by the Commission as compared with actions for damages for infringement of EU competition rules. 

By standardizing the rules of "public" and "private" enforcement, the Court again demonstrates, if it were still necessary to do so, the crucial importance of these two interdependent aspects of competition law and, consequently, of the articulation of national and UE laws of competition.

03/12/2018
The EU Regulation prohibiting geo-blocking has entered into application

Regulation n°2018/302 is part of a series of new rules aiming at the development of e-commerce (revised Payment Services Directive, revised consumer protection rules, simplified VAT rules for online sales, etc.), within the scope of  the digital single market strategy launched by the European Commission in 2015. These new rules will ensure better access to goods and services offered online within the Internal Market.

As of 3 December 2018, any form of restriction or discrimination from online sellers based directly or indirectly on customers’ nationality, place of residence or place of establishment is prohibited.

Such restriction may appear in various forms: denying the possibility to purchase or to access web content across borders, denying delivery across borders, providing different prices or conditions depending on nationality, rerouting automatically web users to the webpage dedicated to their country of origin, etc.

In 2015, according to the European Commission up to 63% of websites didn’t allow consumers to buy online from another Member State. This situation is now due to change.

COUTRELIS & ASSOCIES has continuously been in the forefront of Community law which, ever since the entry into force of the Lisbon treaty, has become the European Union law, taking also into account the European Law (ECHR and the European Court of Human Rights).

We are and have always been a niche and avant-garde firm. Our size allows each of our clients’ cases to warrant our fullest involvement and reach its greatest potential. We pride ourselves in knowing how to listen in order to ask the right questions, which allows us to best define problems and more quickly find the adequate solutions.

To this day, we have pleaded 94 cases before the Court of Justice of the European Union. Our experience in Luxembourg allows us to have a sharp understanding of all legal aspects of a case and is often a key factor in an overall strategy to avoid disputes or, if they do occur, to increase the chance of solving them, on the european and national levels, either before judges or administrative bodies.

Expertise has always been beneficial, but when it comes to European Union law, law firms offering cross-disciplinary expertise beyond the fields for which they are recognized to be amongst the best as, in our case, Competition law and Food law, are rather rare. Relying on the seniority of our practice in these two areas and in European Union law in general, we offer our clients a lot more than what meets their immediate counseling and litigation needs by raising at least their awareness on other issues which may affect their current or future position.

We consider our relationship with our clients to be based on mutual trust, allowing both sides to work together in overcoming common challenges, sometimes to the point of seeking to overturn a situation in the client’s favor.

News

14/03/2019
Identical notion of undertaking for "public" and "private" enforcement

On March 14, 2019, in case C-724/17, Vantaan kaupunki c. Skanska Industrial Solutions Oy e.a., the Court of Justice issued a judgment extending the concept of undertaking, as applicable to EU competition law, to private actions for compensation of infringements to competition law brought at Member States level.

The Court reiterated that, while it is within the internal legal order of each Member State to regulate the manner in which the right to claim compensation for the harm resulting from an anticompetitive practice should be brought, the question of the determination of the legal body to be held liable for damages caused by an infringement of Article 101 TFEU is directly governed by EU law through the concept of undertaking, as used in Article 101 TFEU. It is therefore for the undertaking, within the meaning of Article 101 TFEU, which participated in the anticompetitive practice, to compensate the victim for the damage caused by that practice.

The Court also confirms that the new Damage Directive (Directive 2014/104/EU) is in line with this interpretation. 

Finally, the Court recalls that actions for damages for infringement of UE competition rules are an integral part of the system for enforcement of those rules, which are intended to punish anticompetitive behaviour on the part of undertakings and to deter them from engaging in such conduct. The concept of “undertaking” within the meaning of Article 101 TFEU cannot therefore have a different scope with regard to the imposition of fines by the Commission as compared with actions for damages for infringement of EU competition rules. 

By standardizing the rules of "public" and "private" enforcement, the Court again demonstrates, if it were still necessary to do so, the crucial importance of these two interdependent aspects of competition law and, consequently, of the articulation of national and UE laws of competition.

03/12/2018
The EU Regulation prohibiting geo-blocking has entered into application

Regulation n°2018/302 is part of a series of new rules aiming at the development of e-commerce (revised Payment Services Directive, revised consumer protection rules, simplified VAT rules for online sales, etc.), within the scope of  the digital single market strategy launched by the European Commission in 2015. These new rules will ensure better access to goods and services offered online within the Internal Market.

As of 3 December 2018, any form of restriction or discrimination from online sellers based directly or indirectly on customers’ nationality, place of residence or place of establishment is prohibited.

Such restriction may appear in various forms: denying the possibility to purchase or to access web content across borders, denying delivery across borders, providing different prices or conditions depending on nationality, rerouting automatically web users to the webpage dedicated to their country of origin, etc.

In 2015, according to the European Commission up to 63% of websites didn’t allow consumers to buy online from another Member State. This situation is now due to change.

Cbi Multimédia