Europees recht


Mr. Sébastien Engelen

Europese Commissie geeft groen licht voor herstructureringsplan van Dexia
31/03/2010

Door zijn besluit van 26 februari 2010 heeft de Europese Commissie beslist de herstructureringsplan van de vorige GemeenteKrediet te aanvaarden.

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Ms. Jessica Dallapiccola

La loi allemande sur la détention de données déclarée inconstitutionnelle
23/03/2010

Ecrite dans la foulée de la déclaration du Conseil Européen du 25 mars 2004 sur la lutte contre le terrorisme, la directive 2006/24/CE du Parlement européen et du Conseil du 15 mars 2006 sur la conservation de données générées ou traitées dans le cadre de la fourniture de services de communications électroniques accessibles au public ou de réseaux publics de communications a pour but d’encadrer la conservation des données générés par ces services de communications électroniques.

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Monsanto v. Cefetra: the future of biotech patent protection in Europe

Monsanto v. Cefetra: the future of biotech patent protection in Europe
11/03/2010

Today, Advocate General Mengozzi has rendered his opinion in the much debated Monsanto v. Cefetra case (C-428/08).

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Unfair Commercial Practices: European Court gives its first ruling - Green light for “Combined Offers” in Belgium and other Member States

Unfair Commercial Practices: European Court gives its first ruling - Green light for “Combined Offers” in Belgium and other Member States
01/02/2010

The European Court of Justice ("ECJ") has recently issued the first ruling on the 2005 Unfair Commercial Practices (UCP) Directive. The UCP Directive creates a brand new harmonised legal framework for assessing commercial practices towards EU consumers.

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Mr. Peter L'Ecluse
Mrs. Catherine Longeval

Generic entry: a challenge to traditional EC competition law
13/01/2010

Traditionally, innovative pharmaceutical companies lose up to 70% of their market share in the first year after a generic pharmaceutical has entered the market. Provided the innovator follows the price drop which generic entry involves, its market share will usually increase by 15%, to reach 45% at the end of the second year after generic entry (Executive Summary of the Pharmaceutical Sector Inquiry Report of the European Commission, pp 7 to 8). With patent term expiries in full swing, innovative market players increasingly have recourse to what the European Commission (Commission) pejoratively refers to as “a toolbox of strategies” aimed at remedying the adverse effects of generic competition.

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Mr. Matthias Lommers
Mrs. Céline Wattecamps

Update on the EU Blue Card
01/12/2009

Further to the determination of the European Union to attract highly qualified workers from third countries, the Council recently adopted the “Blue Card” Directive [1]. Its main objective is a harmonised admission and residence procedure for highly qualified workers and simplified procedures to ensure easier mobility throughout the EU. For this purpose, the EU created its own single scheme called the EU Blue Card, inspired by the US Green card programme.

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Mr. Philippe Renier
Mr. Mathieu Isenbaert

The impact of Commission v. Italy (Case C-540/07) on Belgian withholding taxes
25/11/2009

On 19 November 2009 the Court of Justice of the European Communities (“ECJ” hereinafter) issued its decision in Case C-540/07 (Commission v. Italy), in which the Italian tax regime of outbound dividends was found contrary to the EC principle of free movement of capital. There are persuasive arguments in the Commission v. Italy decision to argue that, under certain circumstances, the Belgian withholding tax regime also runs contrary to the free movement of capital.

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The ECJ Sea Judgement: Some further guidance on the “in house” exemption

The ECJ Sea Judgement: Some further guidance on the “in house” exemption
02/11/2009

In its Sea Judgement of 10 September 2009 (C-573/07), the European Court of Justice (ECJ) further clarifies its “in-house” jurisprudence. More specifically, it goes more deeply into the notion of control. Indeed, following the landmark judgement in the Teckal case, contracting authorities granting a public contract do not have to apply the public procurement rules if the contractor, which is a distinct legal entity, is subject to the same control by the contracting authority as the departments of the contracting authority and if the contractor carries out the essential part of its activities with the controlling local authority or authorities.

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Combating Collusion Between Tenderers: the ECJ Clarifies the Limits.

Combating Collusion Between Tenderers: the ECJ Clarifies the Limits.
02/07/2009

Italian law prohibits “linked companies” from participating in public tender procedures for works. This prohibition is based on an irrefutable presumption that the linked tenderers are aware of the specificities of each other’s bids. No such prohibition applies to public tender procedures for services (or supplies). Moreover, it could not be established that the principles of competition and secrecy of tender had been breached. Therefore, the contracting authority decided not to exclude SDA and Poste Italiane from the award procedure.

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Mr. Jürgen Egger
Ms. Silvia Van Dyck

ECJ condemns Belgian ban on joint offers
10/06/2009

Joint offers – a sales technique through which the acquisition of a product, service or benefit is made dependent to the purchase of another product or service - is, in most cases, prohibited by Belgian law [1].

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