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European Law

We are Stibbe European Law specialists

We have proven expertise in delivering pragmatic guidance and clear, workable solutions in all areas of European law.

European Law

By creating close working partnerships with our clients, we are able to guide them through the complexities of European law and create bespoke solutions to their particular situation.  

The broad spectrum of legal aspects we act upon include matters such as the free movement of goods, services and capital, competition law, customs law, secondary EU legislation, EU taxation, contract disputes, general EU principles and public tenders.

As part of our service, we assist clients with informal contacts with authorities as well as litigation before the national courts, the EU Commission and the General Court in various EU law areas.

Some of our actions lead to infringement procedures against Member States. In addition, we are regularly involved in preliminary questions to the Court of Justice on a variety of areas of EU law such as access to the EU courts, general principles of EU law, secondary legislation, unfair competition law and procurement law.

Moreover, we have provided legal services to the EU Commission and other EU institutions defending their interests in several procurement cases before the General Court and the Court of Justice.

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03.12.2020 NL law
The next 5 years: European Commission launches New Consumer Agenda

Short Reads - Despite the ongoing COVID-19 pandemic, the European Commission is already looking ahead to set its consumer protection priorities for the next five years. Key points in the New Consumer Agenda include equipping consumers with better information on product sustainability, digital transformation, effective enforcement, safety concerning products ‘made in China’ and protecting particularly vulnerable consumers such as children, older people or those with disabilities. The New Consumer Agenda is a follow-up to the 2018 New Deal for Consumers.

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05.11.2020 NL law
Belgian prohibition on abuse of economic dependence comes into force and new fining guidelines

Short Reads - In 2019, Belgium introduced legislation banning abuse in relationships between companies where there is no dominant position, but rather a position of economic dependence. The act entered into force on 22 August 2020. This category of restrictive practice applies alongside the existing prohibitions on cartels and abuse of a dominant position. It opens up new opportunities but also new threats for companies that are not in a dominant position.

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05.11.2020 NL law
This article has FIVE stars! New Dutch consumer rules to curb fake reviews

Short Reads - Consumers often rely on online reviews to decide what bike to buy, where to eat or what article to read. But what if those reviews are fake? New Dutch rules were announced on 23 October 2020 seeking to ensure a higher level of consumer protection online. These rules mean more obligations for online traders, and potentially high fines if they get it wrong. For example, traders should implement procedures to ensure that published reviews originate from consumers who have genuinely used the product.

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03.12.2020 NL law
On the right track? GC sends mixed messages with Lithuanian Railways

Short Reads - The essential facilities doctrine imposes on holders of indispensable facilities a duty to deal with their competitors. While a railway track may seem essential, a track’s removal does not fall under this doctrine if carried out by a monopolist manager of a state-developed facility bearing a statutory obligation to grant third parties access to its facilities. According to the General Court, the Commission was therefore correct to use the general framework for abuse of a dominant position to assess the Lithuanian railway operator’s removal of a railway track.

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05.11.2020 NL law
Jurisdictional hide & seek: merger thresholds and buyer joint ventures

Short Reads - Companies beware: the turnover of a joint venture buying a target is not necessarily decisive for determining whether the EU merger thresholds are met. The General Court fully upheld the Commission’s 2017 decision prohibiting the joint acquisition of Cemex’s Hungarian and Croatian subsidiaries by cement companies HeidelbergCement and Schwen Zement through their full-function joint venture (JV).

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05.11.2020 NL law
General Court confirms: no proof, no dawn raid

Short Reads - The Commission should think twice before conducting a dawn raid. The General Court partially annulled three Commission decisions ordering dawn raids at the premises of French supermarkets for a lack of sufficiently strong evidence with regard to one of the suspected anticompetitive practices. In addition, the General Court clarified that interviews held with suppliers prior to the issuing of a dawn raid decision can be used as evidence, even when these interviews have not been recorded.

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