Ben Holles de Peyer[1] I. Introduction The European Commission (“Commission”) has far-reaching powers of investigation for the enforcement of European Union (“EU”) competition law. In particular, the Commission has the power to issue requests for information and to carry out inspections in both antitrust and merger control proceedings. Articles 18, 20 and 21 of […]
Category archives for Английски език
Commentary on judgments in cases Council v Front Polisario (C‑104/16 P) and Western Sahara Campaign UK (C-266/16) Momchil Milanov* Introduction The Western Sahara Campaign UK judgment rendered by the Court of Justice of the European Union (CJEU) on 27 February 2018 is the third judgment in the last three years related to the territory […]
Stephan Hobe[1] Currently nobody can deny that the European Union is in considerable trouble. There was not only the referendum in the United Kingdom on an exit decision of the United Kingdom on 23 June 2016. For the first time it had been made visible that there is an option for countries […]
Bojana Vitanova[1] Introduction It is 2018 and crossing physical borders in Europe nowadays is easier than crossing them in the digital world. As Reiner Schulze observes, ‘European solutions, which consider the conditions and potential of the Digital Internal Market (or as the European Commission refers to it – the ‘Digital Internal Market’), are […]
Judgment of 25 July 2018, Minister for Justice and Equality (Deficiencies in the system of justice), C‑216/18 PPU, EU:C:2018:586 Paolo Giusta [1] Introduction Since the Schuman declaration of 1950, the rule of law has been a cornerstone of the European integration process and of the EU legal order. This founding principle, progressively enshrined in the EU […]
Judgment of 6 September 2017, Intel v Commission, C‑413/14 P Aleksandar Dorich[1] On 6 September 2017, the Court of Justice of the European Union delivered the long-awaited Intel judgment. This case was strongly debated as it concerns major legal issues related to the granting of exclusivity rebates by a dominant undertaking. In its judgment, the Court […]
Oleg Temnikov[1] The author presents in this article the Judgment of the CJEU of of 14 September 2017 in the case Autortiesību un komunicēšanās konsultāciju aģentūra/Latvijas Autoru apvienība, C 177/16. He makes an overview of the conclusions adopted by the Court in its judgement and elaborates on the possible consequence for the application in the […]
Deyan Draguiev[1] The article analyses the amendments of Bulgarian law and more specifically of the Bulgarian Protection of Competition Act adopted in the beginning of 2018 in order to implement EU Directive Directive 2014/104/ЕС, also known as the Competition Damages Directive. Under the changes promulgated by Bulgarian State Gazette No. 2/2018, a new Section […]
Prof. Ganeta Minkova[1] Nowadays vast amounts of money are kept offshore and go untaxed to the extent that taxpayers fail to comply with tax obligations in their home jurisdiction. This problem can be solved by bilateral or multiple intergovernmental agreements or by European Union Law. The article explores the new Euroepan Union […]
Koen Lenaerts* A. Introduction Despite the difficult challenges that the European Union is currently facing, such as those brought about by the refugee crisis, the fight against international terrorism, and Brexit, the European Union has been, overall, a success story. One must not forget that the primary objective of the EU is to […]
Zsófia Varga[1] 1. Introduction The Court of Justice of the European Union (CJEU) held in the judgment in Köbler that Member States are obliged to make good the damage caused to individuals in cases where the infringement of EU law stems from a decision of a Member State court adjudicating at last instance.[2] […]
(EU Commission’s antitrust decision in case No. AT.39767, ‘BEH Electricity’) Alexander Galendinov[1] On 10 December 2015 the European Commission adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end alleged competition restrictions on Bulgaria’s wholesale electricity market[2]. The European Commission opened proceedings against BEH on 3 December […]
(Case law of the European Commission, the European Court of Justice and the Bulgarian Commission for Protection of Competition) [1] Eleonora Mateina[2] This article provides an overview of the essential facility doctrine in the practice of the European Commission, the ECJ and the Bulgarian Commission for Protection of Competition. The analysis of some of […]
Alexander Kolyachev[1] It seems that in the last decade the European Commission found the important role of economic analysis in applying Article 102 of the EC Treaty to abusive exclusionary conduct by dominant undertakings. This is also the case in assessing the behaviour of a dominant firmdealing with rebate schemes. The degree of the analysis […]
Svetlana Chobanova[1] The article looks at one of the most important and controversial issues in the context of the TTIP – the reduction of no-tariff barriers (NTBs) to trade between the European Union (EU) and the United States (US) – by focusing on the most widely spread and serious NTBs: the technical barriers to […]
Ass. Prof. Dr. Todor Kolarov[1] The article addresses the main issues that continue to represent challenges in mutual recognition of judicial orders in freezing, seizing and confiscation. On those, an action on behalf of the European Commission that scaffolds on Regulation 42/2014/EU could be expected. This time around the ambitions are bigger – namely to […]
Kathleen Gutman* I. INTRODUCTION The action for damages against the European Union touches many areas of EU law and has great practical importance for the citizens of Bulgaria and other Member States. The action for damages, also referred to as an action based on the Union’s non-contractual liability, is enshrined in Article 268 TFEU […]
Zlatina Dancheva, lawyer I. The essence of the problem In accordance with art. 20, par. 3 of the new Public Procurement Law (PPL) the public work contracts with a value net of value-added tax (VAT) from 50 000 to 270 000 levs, as well as the public supplies and services contracts[1] with a value net of […]
(Judgment of the General Court in case Т-265/2012, Schenker v. Commission) Stanka Cherkezova[1] The article discusses the judgment of the General Court of the EU in case T-265/12 Schenker Limited v. Commission and the wide discretion of the Commission in competition cases on matters of leniency, liability, definition of market, agreement and providing information. On […]
Judgment of the Court of the Justice of the EU in case C-428/14, DHL Express (Italy) Dr. Anton Petrov* The fight against cartels has always been one of the main topics in the European competition policy. Unfortunately, the secretive nature of cartel agreements poses formidable challenges to enforcement agencies and the investigations are usually […]
Prof. Dr. Jasmine Popova This article aims to present some issues and challenges in relation to the preparation of the 18-month legislative programme of the “Troyka” (UK, Estonia and Bulgaria), which will be chairing the Council of the EU during the period July 1st 2017- December 31st 2018, taking into consideration the two scenarios […]
Zdeněk Kühn* (Пълният превод на статията на български език може да намерите в частта „Резюме“ на този том) Supreme Courts’ Interpretational Statements and Guidelines: Their Emergence and Persistence in Central and Eastern Europe In the 1950s one phenomena almost unknown in the Western world appeared in the then Socialist states of Central and […]
(Judgement of the Court of Justice of the EU in case С-362/14, Schrems) Katina Boncheva On October 6, 2015 the Court of Justice of the EU (CJEU) annulled the Commission’s Decision of July 26, 2000, according to which the United States of America (USA) ensure adequate protection of personal data, through the so-called “Safe […]
(Judgment of the Court of Justice of the EU in case C-425/13, Commission v Council) Dr. Vihar Georgiev [1] The Treaty of Lisbon has led to a shift in the institutional mechanism of the European Union (EU). The judgment of the European Court of Justice (ECJ) on Case C-425/13 European Commission (the Commission) v […]
Andrean Slavchev* [1] With its revolutionary Judgment of 19 November 1991 in case Andrea Francovich and Danila Bonifaci and others v. Repubblica Italiana the Court of Justice of the EU (CJEU) introduced for the first time the principle of State liability for breaches of European Union law. The Court further developped that principle in Judgment […]