Competition European Law

Tag: Legal Actions Types

  • Interim measures

    Interim Measures. IntroductionRegulation 17 did not directly address the issue of whether the Commission had power to adopt interim measures in relation to a suspected infringement of Article 101 and 102. However, in its 1980 order in the Camera Care case, the Court of Justice held that Art…

  • Request for preliminary ruling

    Request for preliminary ruling (article 267 TFEU) ("question préjudicielle")National courts frequently deal with questions involving EU law. They may then face difficult questions of interpretation of the relevant EU law or even have doubts as to the validity of that legisl…

  • Interventions

    InterventionsThis is not a distinct form of action in itself. With such a procedure, a party having an interest in the outcome a pending case can intervene in the case in support of the applicant or the defendant. The intervention must first be authorised by the Court.Resources…

  • Main types of legal actions

    Main types of legal actionsIn non-technical terms, the TFEU provides for a number of possible legal actions before the European Courts. The following paragraphs give an idea of the most relevant ones in relation to an antitrust case.ResourcesSee AlsoReferences…

  • Damage claims

    Damage claims (article 268 TFEU) ("action en dommages et intérêts")The applicant requests the Court to find that it has suffered harm as a result of an illegal action of an EU institution and therefore asks the Court to award damages. In relation to DG Competition&#39…

  • Failure to act

    Failure to act (article 265 TFEU) ("recours en carence")By such an action, the applicant challenges an EU institution for not having adopted a decision. For DG Competition's activities, this may for instance be the case where a complainant considers that the Commission does no…

  • Action for annulment

    Action for annulment (article 263 TFEU) ("recours en annulation")This is by far the most frequent type of proceedings. In such a case, an applicant is asking the General Court to annul an act of the EU institutions (in general either because of a procedural irregularity or because…

  • Appeals

    Appeals (article 256 TFEU) ("pourvoi")Judgments of the General Court can in turn be appealed, in whole or in part, to the Court of Justice by the unsuccessful party, before the General Court. The Commission may therefore be the appellant if it has been unsuccessful before the Gene…