INDEMNISATION DUE PAR LES EFFETS D’OMBRELLE SUR LES PRIX (Umbrella pricing)
La CJEU a récemment introduit un précédent notable en matière de l’application privée du droit de la concurrence. L’arrêt est remarquable car il endosse la théorie des effets d’ombrelle sur les prix et la conséquente réparation des dommages, tout en interdisant aux États membres de l’exclure catégoriquement. Dans son arrêt du 5 juin 2014 (affaire C-557/12-Kone et consorts), la CJUE constate que toute personne est en droit de demander réparation du préjudice subi lorsqu’il existe un lien de causalité entre le préjudice réclamé et l’entente en question. Ce principe donne la pleine effectivité de l’interdiction des ententes anticoncurrentielles (article 101 TFUE).
GCO Blog
The General Court is considering to adopt a series of sensible modifications in its Rules of Procedure.
One of the most striking proposals is the introduction of a more stringent rules and protections in relation to access to confidential information held by EU Institutions in the context of acts adopted under Article 215 TFEU.
This will be of particular concern in cases concerning eg application of EU Sanctions. We attach below a link to the latest draft which has being submitted to the EU Council.
Click here to view
Peter Trepte, of counsel, is an invited panellist at the Suspension and Debarment Colloquium organised by the Global Forum on Law, Justice and Development.
The colloquium is to be held at the World Bank Preston Auditorium in Washington DC on Thursday 15 May.
The EU adopted further sanctions against Russia on Friday. Leaving to one side the political aspects, from a purely commercial level, for companies subject only to EU jurisdiction (as compared to those subject to EU and US measures) the current EU sanctions are unlikely to have any direct commercial impact.
The EU has responded directly to the worsening situation in Ukraine by agreeing "as a matter of urgency to introduce targeted sanctions including asset freeze and visa ban against those responsible for human rights violations, violence and use of excessive force. Member States agreed to suspend export licences on equipment which might be used for internal repression and reassess export licences for equipment covered by Common Position 2008/944/CFSP".
The European Parliament approved on Wednesday the proposal for new Directives on Public Procurement, reaching a further step in the ongoing modernisation process of the rules on Public Procurement.
The new Directives on public procurement and concession contracts will repeal the current rules as set forth respectively in Directives 2004/17/EC and 2004/18/EC.
The next steps include approval by the Council. If approved without amendments, they will be published in the Official Journal and will enter into force 20 days following its publication.
See article by Peter Trepte in our eBook on Public Procurement which can be downloaded here.
On 14 October Davide Rovetta will join a panel of speakers at a joint Law Society- NYSBA conference to discuss international developments in laws applicable to whistleblowing.
Peter Gjortler was a speaker at the IBC Annual EU Public Procurement conference in Brussels on 26 September.
At the ERA Annual Trade Law Conference in Brussels on 1 October 2013, Laura Beretta will give a presentation on The New EU Regulation on Generalised System of Preferences.
Link to conference information here.
Alongside the revision of the procurement directives, the Parliament is in the final stages of approving a new directive regulating the award of concessions. The latest consolidated proposal from September can be found on the Parliament’s website at the following link
http://www.europarl.europa.eu/committees/en/imco/subject-files.html?id=20120214CDT38041#menuzone
This fundamental change to the directives is now largely agreed and expected to be adopted in January 2014. The latest consolidated proposals for the directives from September can be found on the Parliament’s website at the following link:
http://www.europarl.europa.eu/committees/en/imco/subject-files.html?id=20120214CDT38033#menuzone
The American Bar Association’s Section of International Law has published a “Handbook of Export Controls & Economic Sanctions”. The editors are Paul Lalonde (Heenan Blaikie) and Kay Georgi (Arent Fox).
Although principally focussing on the position under US and Canadian rules, John Grayston was invited to contribute a chapter on “Re-export Controls - Intersection of EU and U.S. measures”.
The WorldECR journal of export controls and sanctions has published a focus edition on export control activities in Brussels and some of its export control lawyers.
It can be downloaded from here: http://www.worldecr.com/wp-content/uploads/WorldECR-Brussels-Focus.pdf
John Grayston will be speaking at the WorldECR conference on sanctions and export control in London in November 2013. He will talk on how the EU will shape a new export control regime.
Full details of the conference are at: http://www.worldecr.com/conference/
The General Court of the European Union in two parallel cases has ruled that the proper forum to challenge EU customs classification regulations is via the national courts and tribunals of EU Member States and not by direct action before the European Courts. National courts can always refer any specific EU issues to the Court of Justice of the European Union.
We are delighted to announce that Laura Beretta has agreed to join GCO as an International Trade Advisor.
Republika Hrvatska (Republic of Croatia), today officially becomes the 28th Member State of the EU.
Almost all goods controlled in the EU as dual use are controlled as a result of EU Regulation 428/2009. Certain goods can also be controlled at EU level for exports to specific third countries due to EU sanctions against those countries.
John Grayston and Peter Trepte are speaking at the International Bar Association conference «Dancing with Tigers and Dragons» in New Delhi (31 January – 2 February 2013).
Davide Rovetta co-authored an article in the current edition of Global Trade Customs Journal Vol. 7 Issue 11/12 on the highly contentious issue of the retroactivity of Tariff Explanatory Notes and Tariff Classification Regulations.