Foro Europeo

An Unusual Insight: A short premise by the Board of Editors. This is an unusual Insight. It does not look at the existing law of the Union but rather at its possible and auspicious development. It does not ad-dress only the scholarly world, but also the much wider circle of persons interested in the future of the Union. In spite of this feature, or...

Keywords: SIEC – non-collusive oligopoly gap – standard of proof – Advocate General – UPP test – horizontal mergers.

On 20 October 2022, Advocate General (AG) Kokott delivered her Opinion in Commission v CK Telecoms.[1] This constitutes a major recent development in the...

Abstract: In the Swedish Supreme Court's epilogue to the PL Holdings case, the expropriated company lost all its claims against Poland, which had expropriated it. Applying the case law of the Court of Justice of the European Union (CJEU) on intra-European investment arbitration, the Supreme Court did not merely invalidate the ad hoc...

Abstract: Constructive abstention, provided for in art. 31(2) TEU, has been conceived of as an instrument applicable to CFSP acts. As art. 215 TFEU establishes an integrated regime in which CFSP decisions and TFEU regulations are interdependent on each other, the issue arises as to whether the scope of constructive abstention can be extended to...

Keywords: Digital Markets Act – DMA – consumer protection – EU consumer law – fairness – digital law.

In December 2020, the European Commission proposed a new set of rules in a long-anticipated package falling in line with the European Digital Strategy.[1] The landmark digital...

Keywords: article 351 TFEU – prior agreements – Member States international obligations – treaty conflict – conflict clause – analogical application.

As is well-known, art. 351 TFUE is a so-called conflict clause within the meaning of art. 30(2) of the Vienna Convention of the Law of Treaties. Conflict rules are common...

Abstract: The Court of Justice provided a comprehensive interpretation of the dual criminality requirement under Framework Decision 2002/584/JHA when it handed down its judgment in the KL judgment (case C-168/21 Procureur général près la cour d’appel d’Angers ECLI:EU:C:2022:558). The case at hand raised three intertwined legal...

Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...

Abstract: In the asymmetric Economic and Monetary Union “market discipline” has played an important and controversial role to compensate for the weakness of the legal framework as regards fiscal affairs. Both as an empirical matter of market behaviour and as a matter of the “no bail-out” clauses of arts 123 and 125 TFEU being effectively undermined...

Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...