Monitoring References to the Court of Justice of the European Union
Tag
23 case reports
The Dutch competition authority fined Samsung for steering retailers' television prices. Samsung says a vertical restriction can only be 'by object' if it harms competition between brands, not just between its own dealers. The Netherlands' highest administrative court asks the Court of Justice whether intra-brand harm is enough.
The Court has twice told Bulgaria that mandatory minimum lawyers' fees set by the bar offend Article 101 TFEU. Bulgaria then moved the appointment of court-appointed representatives, and the setting of their fees, to the bar councils. A Blagoevgrad court asks in twenty-five questions whether that is the same restriction in new clothes.
By judgment of 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
On 6 December 2017 the Court ruled (ECLI:EU:C:2017:941) that a selective distribution system for luxury goods designed to preserve their prestige image is compatible with Article 101(1) TFEU, and that a clause prohibiting authorised retailers from selling…
By judgment of 14 November 2017 (ECLI:EU:C:2017:860) the Grand Chamber held that practices of producer organisations and their associations escape Article 101 TFEU only where they remain strictly within the tasks the common market organisation assigns to…
By order of 27 October 2016 (ECLI:EU:C:2016:830) the Court declared the Brussels commercial court's reference manifestly inadmissible for failure to set out the factual and legal context required by Article 94 of the Rules of Procedure.
By judgment of 15 March 2017 (ECLI:EU:C:2017:214) the Court ruled, in the words of the operative part: “1.
On 21 January 2016 the Court ruled (ECLI:EU:C:2016:42) that travel agencies using a common booking platform can be presumed to participate in a concerted practice from the moment they knew of the administrator's message capping discounts — but the…
If the social partners agree to award an undertaking the exclusive right to administer an insurance scheme that benefits employees in a particular sector of the French economy, then does Article 56 TFEU’s transparency obligation apply before the relevant French Minister can declare the collective…
By judgment of 18 December 2014 (ECLI:EU:C:2014:2466) the Court ruled, in the words of the operative part: “1.
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
When the EU Commission imposes a fine on a cartel but does not apportion how much each company should pay, then is it a matter for national law whether and how that fine is paid between the individual members of the cartel? Or if it is a matter of EU law, then does EU law contain provisions as to…
On 4 December 2014 the Court ruled (ECLI:EU:C:2014:2411) that collective agreement provisions setting minimum fees for genuinely self-employed service providers fall within Article 101 TFEU — the self-employed are undertakings — but not where the providers…
On 27 February 2014 the Court ruled (ECLI:EU:C:2014:110) that a spa establishment transmitting broadcasts to televisions in guest rooms performs a communication to the public, and that no health-establishment exception can excuse it.
By judgment of 5 June 2014 (ECLI:EU:C:2014:1317) the Court held that cartel members may be civilly liable for "umbrella pricing" losses — damage suffered by customers of non-cartelists who raised their own prices in the cartel's shelter — and that national…
By judgment of 18 July 2013 (ECLI:EU:C:2013:496) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down…
By judgment of 2 July 2015 (ECLI:EU:C:2015:436) the Court ruled, in the words of the operative part: “The questions referred by the Tribunale amministrativo regionale per la Sicilia (Italy), by decision of 9 October 2012, and maintained by that court, are…
By judgment of 13 February 2014 (ECLI:EU:C:2014:81) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
By judgment of 28 February 2013 (ECLI:EU:C:2013:127) the Court ruled, in the words of the operative part: “1.
By judgment of 7 November 2013 (ECLI:EU:C:2013:709) the Court ruled, in the words of the operative part: “1.
By judgment of 13 February 2014 (ECLI:EU:C:2014:74) the Court ruled, in the words of the operative part: “The Court of Justice of the European Union does not have jurisdiction to answer the requests from the Tribunale amministrativo regionale per il Lazio…
By judgment of 18 July 2013 (ECLI:EU:C:2013:489) the Court ruled, in the words of the operative part: “1.