Thursday, February 02, 2012

This Week in Luxembourg

This week’s Grand Chamber case is only an AG opinion, but it is a fun one: Post-Lisbon, does the Parliament get a say in anti-terrorism asset freezes? Should the legal basis be art. 75 TFEU or art. 215 TFEU? AG Bot argues, insofar is relevant here, that Security Council sanctions can be transposed into EU law through art. 215 TFEU, if the Council so decides, while EU-only sanctions must be enacted through art. 75 TFEU. Parliament v. Council

In the anti-dumping case of Brosmann Footwear et al. v. Council, the 3rd Chamber overruled the General Court. According to the Court, the Council (and the Commission) were in error when they failed to extend Market Economy Treatment to the appellants under art. 2(7) of the Basic Regulation. (The appellants are Chinese companies.)

AG Cruz Villalón argues against the suggestion that “ the decisive date for the purposes of application of [Regulation 44/2001] is the date on which it entered into force generally, not the date on which it entered into force in the particular Member State.” Cf. art. 66 of the Brussels I Regulation. Wolf Naturprodukte

AG Mazák has some fun with a case concerning abuse of dominance in the market for machines for the collection of used beverage containers, before concluding that the appeal should be rejected. The only part that might be interesting is the brief section on anticompetitive intent (par. 7-14) Tomra v. Commission

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