New Call for Proposals for Training National Judges in EU Competition Law (SMP-COMP-JUDG-2022)
The European Commission has published its call for proposals for training national judges in EU competition law The objective of this call for proposals is to co-finance projects aiming to train national judges in the context of enforcing European competition rules. This includes public and private enforcement of both the Antitrust rules and the State aid rules, thereby increasing the knowledge and know-how of national judges. The final aim is to ensure a coherent and consistent application of EU competition law by national courts. These objectives can best be achieved through projects which specifically focus on the role of national judges in the application of EU competition law, their particular needs and work environments and pre-existing training and knowledge. Priorities of the call are the following:
Priority 1: Training on the application of Articles 101 and 102 TFEU and relevant secondary law.
Priority 2: Training activities focusing on national laws implementing Directive 2014/104 on antitrust damages actions
Priority 3: Training activities focusing on underlying economic principles of competition law.
Priority 4: Training activities focusing on the application of competition law in regulated industries (such as the energy, telecommunications or pharmaceutical sector)
Priority 5: Training activities focusing on how to apply the traditional competition law concepts in Articles 101 and 102 to digital markets.
Priority 6: Training on State Aid, in light of State Aid Modernisation and the enforcement role of national courts.
For further information, please visit this page: calls for proposals grants (europa.eu)
The deadline for applications is 26th July 2022
Request to national judges regarding the transmission of judgments pursuant to article 15 (2) of Regulation 1/2003
In discussions between the judges and staff at DG Comp, there has been an emphasis on practical implementation of this provision so that judges across Europe can appreciate how competition law is being interpreted and applied in other national jurisdictions facing the same or similar issues.
In co-operation with DG Comp, there a request has been sent to national judiciaries for information relevant to the collection of judgments. Colleagues in DG Comp, as well as the AECLJ Secretariat, are grateful to those in Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, the Netherlands, Poland, Slovenia, Spain and from the UK who have collected data and responded.
More details, and a copy of the questionnaire can be obtained by national judges from email@example.com.
The launch of GAM - Giurisprudenza Antitrust Milanese
This a database collecting the judgements of the Tribunal and the Court of Appeal of Milan, Italy, on private antitrust enforcement. It has been edited by Jacopo Alberti and Filippo Croci with support from the Jean Monnet Chair of Professor Massimo Condinanzi and the endorsement of the President of this Association, Professor Marina Tavassi who was the first lady to become President of the Court of Appeal of Milan.
The database, available here[http://gam.eurojus.it/en/], currently includes judgments rendered between 2013 and 2018; it will soon be updated to bring them up to 2019.
In addition to the classic search criteria, the database includes a search mask that allows the user to filter the judgments on individual topics. While judgments are currently available only in Italian, the search form (included the one by topics) is available also in English. This means that also non-Italian speaker can search and find relevant judgments, so as to focus the translation only on what really matters for their purposes.
Contacts in each national judiciary
At the annual conference in Copenhagen, it was suggested that the AECLJ seeks to establish a network of first points of contact; these would be available to fellow competition law judges when they wished to ask a question concerning the application of competition law in another State. The Association’s Secretariat, on firstname.lastname@example.org, provides a contact for the United Kingdom and it is contacting judges in other States with a view to nominations. The Association’s Secretariat, on email@example.com, provides an initial contact point and it is contacting judges in other States with a view to volunteers. The following judges have already volunteered:
Austria:- Iris Ingemarsson, the Competition Tribunal, Vienna following Sabine Voelkl-Torggler’s retirement as a judge of that tribunal
Belgium:- Anne-Marie Witters, Market Court, Brussels following the untimely death of Marc Bosmans – who was President of the Court
Bulgaria:- Mira Raycheva, Supreme Court
Croatia: - Igor Periša, Civil Department of the Supreme Court
Cyprus: - Angelos David, President, Nicosia District Court
Czech Republic:- Eva Bučková, District Court in Zlín
Denmark:- Mads Bundgaard Larsen – President-elect, Maritime & Commercial Court, Copenhagen
Estonia: - Villem Lapimaa – Chairman, Circuit Court, Tallinn
Finland: - Jussi Karttunen - The Market Court, Helsinki
France: - Sylvaine Poillot-Peruzzetto, Court of Cassation, Paris
Germany:- Wolfgang Kirchhoff, Federal Court of Justice, Karlsruhe
Greece:- Iannis Symplis - Council of State, Athens
Hungary: - Gábor Remes, Administrative Department of the Curia of Hungary
Ireland:- Max Barrett, High Court, following the retirement of Liam McKechnie, from the Supreme Court
Italy: - Silvia Giani, Court of Appeal. Milan
Latvia: - Dzintra Amerika - Supreme Court, Department of Administrative Cases
Luxembourg: - Théa Harles-Walch, Court of Appeal, Luxembourg
Malta: - Ian Spiteri Bailey, High Court, Valetta following the promotion of Mark Chetcuti to being Chief Justice
The Netherlands:- Jaap de Wildt - the Trade and Industry Appeals Tribunal, The Hague
Norway:- Karin Fløistad - Chair, Norwegian Competition Tribunal, Bergen
Poland:- Ewa Stefańska - Supreme Court, Warsaw
Portugal: - Marta Borges Campos, Competition Court
Romania: - Cristian Oana - High Court of Cassation and Justice seconded to the National Institute of the Magistracy, Bucharest
Slovak Republic: - Andrea Moravčíková, Supreme Court, Bratislava
Slovenia: - Petra Hočevar, Administrative Court, Ljubljana
Spain:- Mercedes Pedraz Calvo - La Audencia Nacional, Madrid
Sweden:- Ingeborg Simonsson - Svea Court of Appeal, Stockholm
Switzerland: - Pascal Richard - Federal Administrative Court, division II
United Kingdom:- Marcus Smith, President, Competition Appeal Tribunal, London following his predecessor, Peter Roth
Study on judges’ training needs
In 2016, DG Comp published the Study on judges’ training needs in the field of European competition law - Final report – a copy of which is accessible on the Internet: