Litigation in the EU

Litigation in the EU

> EU Litigation – Using EU law to pursue claims before national courts. Implementing and representing clients in direct litigation before the European Courts of Justice.


Our lawyers have substantial experience of litigating EU issues both through administrative procedures and in both national and EU court proceedings.

Key members of our team have substantial experience of representing clients before the EU Institutions in administrative proceedings as well as before the European Courts of Justice. In addition many of our lawyers have previously been officials of the EU Institutions and can provide insight into the institutional approach to litigation as well as bringing a volume of dispute expertise that non- officials cannot normally acquire. As a result the collectively experience of our lawyers extends to many hundreds of EU Court cases.

In terms of subject matter our experience includes:

  • >  EU Anti-trust (cartels and actions for damages)
  • >  EU Bribery and Corruption investigations
  • >  EU Customs and Export Control
  • >  EU Free Movement of Goods
  • >  EU Financial Services
  • >  EU Grant funding and EU service contracts
  • >  EU International Trade and WTO
  • >  EU Public Procurement
  • >  EU Sanctions
  • > EU State aid
  • > EU Trade Defence measures

Whether you are a direct client or a law firm in need of specialist EU litigation support, contact us – we would be delighted to provide you with more information on our skills, approach and above all competitive cost structures.

IMPORTANT CASES

  • Case T-123/02: Carrs Paper Ltd vs EU Commission +

    Case T-123/02: Carrs Paper Ltd vs EU Commission

    Reasons:

    • Appealing finding that client was a member of a cartel.
    • Argued that the absence of any material change to the Commission findings against Carrs between the first statement of reasons and the final decision (some 5 years later) was evidence of itself of a manifest error on the part of the Commission.
    • Sadly Carrs went into liquidation before the case was completed.

    Litigation Mantra:

    • To win you have to be prepared to lose

    What others hear me say:

    • We are where we are ….
  • Case C-338/89: Danske Slagterier +

    Case C-338/89: Danske Slagterier

    Reasons:

    • Force majeure in relation to EU export obligations
    • Force majeure is an important exemption under all EU obligations, and its application depends on a comprehensive understanding of the Court of Justice case law

    Litigation Mantra:

    • “Be prepared”. A detailed awareness of the facts, law and jurisprudence provides a solid foundation on which it is possible to adapt and improvise as required in relation to both the written and especially the oral procedure.

    What others hear me say:

    • “As the Court has previously ruled, and I will quote briefly …”
  • Case C-286/90: Diva Navigation +

    Case C-286/90: Diva Navigation

    Reasons:

    • Innocent passage and the application of EU fisheries legislation
    • Relations between international public law and EU law are complex, and may lead to the setting aside of EU legislation where principles of international law apply

    Litigation Mantra:

    • “Be prepared”. A detailed awareness of the facts, law and jurisprudence provides a solid foundation on which it is possible to adapt and improvise as required in relation to both the written and especially the oral procedure.

    What others hear me say:

    • “As the Court has previously ruled, and I will quote briefly …”
  • Case C-549/14: Frogne +

    Case C-549/14: Frogne

    Reasons:

    • Limits to contract modifications in EU public procurement
    • Public procurement requires a delicate balance between rational market behaviour and good administration, especially in relation to contract modifications

    Litigation Mantra:

    • “Be prepared”. A detailed awareness of the facts, law and jurisprudence provides a solid foundation on which it is possible to adapt and improvise as required in relation to both the written and especially the oral procedure.

    What others hear me say:

    • “As the Court has previously ruled, and I will quote briefly …”
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