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Infringement Proceedings in EU Law
Infringement proceedings constitute a signi¬ficant proportion of proceedings before the Court of Justice of the European Union and play a key role in the development of EU law. Their immediate purpose is to obtain a declaration that a Member State has, by its conduct, failed to ful¬l an obligation under the EU Treaties. The aim is to bring that conduct and its effects to an end and, ultimately, to eliminate infringements across the Union. This book – the ¬first comprehensive and detailed full-length work in English on infringement proceedings under Articles 258-260 TFEU – provides not only an in-depth discussion on the role and function of infringement proceedings within the EU legal ...
Regulation 1/2003 and EU Antitrust Enforcement
For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation’s legal achievements, implications, and promise for the future. Analysis of each of the Regulation’s articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of th...
Blowin' Against the Wind
In the European Union of these days there seem to be a widespread and growing anti-free trade sentiment in some parts of the population. The arguments used against free trade are often presented as legal ones, as the recent experience with several agreements negotiated by the European Union (such as the CETA and the TTIP) shows. Against that background, doubts as to the prosperous future of the European Union's trade policy seem legitimate, notwithstanding the fact that the European Union is currently negotiating around twenty trade agreements with different countries or groups of countries. This article is meant to provide a few thoughts on the future of EU trade policy. In particular, the ...
Between Certainty, Severity and Proportionality
Discussion on the nature and functioning of the infringement procedure provided for in Article 260(3) TFEU.
The EU Treaties and Charter of Fundamental Rights: A Commentary
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...
State Aid Reform
In June 2005, the Commission launched the "State Aid Action Plan'', which is a roadmap for a comprehensive reform of EC State aid rules that the Commission intends to undertake in the 2005/2009 period. Among the texts which the Commission is planning to revise is its Notice on State aid in the form of guarantees, a communication published in 1999 with the aim of outlining the Commission's approach to State aid awarded by means of public guarantees. The purpose of this article is to briefly illustrate some flaws and shortfalls of the current Notice, and how this has negatively affected the Commission's past practice. In fact, in the last years the Commission has had to deal with a large numbe...
EU Law Enforcement
The existence of a structured enforcement system is an inherent feature of national legal orders and one of the core elements of State sovereignty. The very limited power to issue sanctions has often been deemed a gap in the EC legal order. Over the years, the situation has progressively changed. The Union’s institutional setting is growing in complexity and a variety of agencies has been or is expected to be endowed with law enforcement responsibilities. In addition, the so-called competence creep has led the EU to play an increasingly prominent role in several areas of EU law enforcement, including the issuing of sanctions. This book examines these developments, focusing on both the gene...
EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos JuÃzes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the j...
Standard of Proof and Scope of Judicial Review in EC Merger Cases
Annotation of the ECJ judgment in Case C-12/03 P, Commission v Tetra Laval.
