Brussels Brief - December 14, 2007
December 14, 2007
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KEY DEVELOPMENTS
Competition: CFI Increases Fine for BASF in Choline Chloride Cartel Case
Yannis Virvilis
The Court of First Instance (CFI) has revised the fines imposed by the European Commission on BASF and UCB in the framework of the choline chloride cartel case. The Commission had found that the companies in question had participated in cartel arrangements both globally and in Europe and that all of those activities constituted a single and continuous infringement. However, the CFI ruled that, for a number of reasons, the global and European infringements constituted separate infringements and that the companies involved should not be fined for their participation in the global cartel, since that infringement was time-barred. Subsequently, the CFI recalculated the fines imposed on the companies, increasing the fine to BASF by EUR 54,000 (from EUR 34.97 million to EUR 35.02 million), and reducing the fine imposed on UCB from EUR 10.38 million to just EUR 1.87 million.
Mergers: Commission Opens Second Phase in Arjowiggins—M-real Zanders’ Reflex Mill Deal
Patricia Armesto
The European Commission has opened an in-depth second phase investigation into the proposed acquisition of M-real Zanders’ Reflex Mill, a German company, by the French company Arjowiggins. Both companies produce carbonless paper and other speciality premium fine paper. The Commission’s initial market investigation has indicated that the proposed merger would raise serious doubts with regard to competition in the carbonless paper market. In a post-merger scenario, Arjowiggins’ market share would account for more than half of the European carbonless paper market. The Commission is concerned that this situation might enable Arjowiggins to impose less favourable supply conditions or prices on its customers in the absence of sufficient alternative suppliers. The final decision is expected to be taken in April 2008.
Internal Market: New EU Rules Crack Down on Misleading and Aggressive Sales Practices
Mélanie Bruneau
The Directive on Unfair Commercial Practices (UCP), adopted in May 2005, came into force on
State Aid: Commission Concludes Investigation into Aid to Tieliikelaitos
Juan Gutiérrez
At the end of 2000, the Finnish Government decided to transform the "in-house" activity of the former Road Service of Finland into a State Enterprise, through the creation of Tieliikelaitos, now Destia, and to open it gradually to free competition. An aid package was designed to address the financial burden resulting from overstaffing and the generous employment conditions that Tieliikelaitos had inherited from the pre-liberalisation period. The European Commission has decided not to raise objections to the aid, which will be provided on a transitional basis to facilitate Tieliikelaitos' adaptation to its new competitive environment. The Commission has also set the deadline of
Media:
Elena Kostadinova
The European Commission has sent a letter of formal notice to
ECJ: Trade Union Policies Must Not Prevent Freedom of Establishment
Kate DaSilva
In the case of the International Transport Workers’ Federation and the Finnish Seamen’s Union v. Viking Line ABP and Oü Viking Line Eesti, the European Court of Justice (ECJ) has held that conditions laid down by trade unions for the registration of shipping vessels must not form an obstacle to freedom of establishment. The ECJ further held that trade unions’ right to participate in collective negotiations can be withheld in situations where workers will consequently benefit from higher levels of social protection.
Air Transport: EU and
Andrea Hamilton
The European Commission has announced that it is negotiating a Common Aviation Area agreement with
Customs: EU Parliament and Council Adopt Pan-European Electronic Customs System
Geert Dierickx
The European Parliament and Council of Ministers have adopted a plan to implement a pan-European electronic customs system, which has been welcomed by the European Commission. The electronic customs system will allow the Commission, customs administrations and other EU border agencies to exchange information electronically, thereby becoming paper-free. This electronic tool will facilitate the movement and control of goods, and increase the competitiveness of European trade by reducing compliance and administrative costs. By 2011, economic operators will be able to lodge electronically all the information required by customs legislation for EU cross-border movement of goods.
NEXT WEEK’S EVENTS
Monday 17 December –
COUNCIL MEETINGS
Agriculture and Fisheries Council (17 – 20 December 2007)
Environment Council (
COURT OF JUSTICE
Judgments
Approximation of laws
C-284/07 Commission v
Area of Freedom, Security and Justice
C-77/05 United Kingdom v Council
C-137/05 United Kingdom v Council
Company law
C-357/06 Frigerio Luigi & C.
C-481/06 Commission v
Competition
C-202/06 P Cementbouw Handel & Industrie v Commission
Customs union
C-62/06 Z.F. Zefeser
Environment and consumers
C-186/06 Commission v
C-194/05 Commission v
C-195/05 Commission v
C-263/05 Commission v
C-85/07 Commission v
Freedom of establishment
C-257/07 Commission v
Freedom to provide services
C-532/03 Commission v
C-220/06 Asociación Profesional de Empresas de Reparto y Manipulado de Correspondencia
C-281/06 Jundt
Free movement of capital
C-101/05 A
C-436/06 Grønfeldt and Grønfeldt
Law governing the institutions
C-64/05 P Sweden v Commission and Others
Principles of Community law
C-341/05
Social security for migrant workers
Joined Cases C-396/05, C-419/05, C-450/05 Habelt
Taxation
C-368/06 Cedilac
C-314/06 Société Pipeline Méditerranée and Rhône
COURT OF FIRST INSTANCE
Judicial vacation of the Court of First Instance from
