• Course title: The Right to and Effective Remedy
• Number of ECTS: 5
• Course code: MADE4-CE-1
• Module(s): Module 1 – Judicial Protection in EU Litigation
• Language: FR, EN
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):

– Identify, understand and assess the necessary parameters of effective remedies in the enforcement of EU law and the European mandate of the national judge.

– Demonstrate a sound and in-depth understanding

of the functioning of a multi-level constitutional system and of the interpretative methods of the CJUE.

 

This course is an intensive, detailed and in-depth study of the role of the national judge in the EU legal order. Starting from the perspective of the right to an effective remedy, the course analyses the obligations of the national judge to ensure effective implementation of EU law and effective judicial protection of natural and legal persons. The analysis of Article 47 of the Charter is combined with the study of the balance between the principle of effectiveness and national procedural autonomy. The course covers the dialogue between the Court of Justice and the domestic courts both from the perspective of the preliminary reference procedure and from that of the European mandate of domestic courts, including constitutional courts. 

• Course title: Competition Law
• Number of ECTS: 2
• Course code: MADE4-96
• Module(s): Module 2 – Substantive Law of the EU and litigation
• Language: FR, EN
• Mandatory: Yes

On completion of the course unit successful students will be able to (using action verbs):Krystyna Kowalik-Banckzyk:Understand the notions of EU competition law, such as: undertaking, concerted practice, definition of the market or abuse of dominant position, merger etc.Grasp the legal instruments that need to be used in EU competition lawIdentify the steps to take to define infringement committed under art. 101 or 102 TFUEUse the relevant case law to define certain concepts and theories of EU competition law Stanislas Adam:Understand the legal framework of public enforcement of EU competition rules at the level of the EU (EU Commission)Develop the capacity to address practical issues which may arise in the context of an investigation of the Commission in an antitrust caseGrasp the nature and scope of judicial review exercised by EU courts on Commission decisions based on Regulation 1/2003 or Regulation 139/2004

Krystyna Kowalik-Banckzyk:The aim of the course is to give students a throughout introduction to Competition Law. European Union Competition Law should stop undertakings from introducing private divisions of markets between Member States and to induce them to keep effective/workable competition. The aims of competition law and policy should be explained together with the presentation of the three pillars of the EU Competition law: Article 101, Article 102 of the Treaty on the functioning of EU and European Union Merger Regulation of 2004. The key concepts of EU Competition Law will be analysed: the notion of undertaking, effect on trade between Member States, relevant market, infringement by object or by effect. Some basic rules of the antitrust procedure will also be signalled as well as the rules of relationship between EU and domestic competition law. The EU Competition rules are important since any undertaking may be subject to fines as high as 10% of their annual turnover or they can be subject to liability for damages for infringing them. More specifically, the structure of the course will be in three parts. For the analysis of Article 101, the notion of anti-competitive agreements, decisions or concerted practices will be presented. The list of examples of restriction of competition by object or effect will be analysed through the prism of jurisprudence of CJEU. This will be followed by the explanations on the justifications of agreements under Article 101.3, presenting both the block exemptions and the self-assessment of agreements under Article 101.3. For the analysis of Article 102, the meaning of dominant position and an abuse will be explained.  Different types of abuses: exploitative, exclusionary and others will be illustrated by the decisions of European Commission and the EU courts jurisprudence. As for Merger Regulation, its basic principles and the notion of “Community” Dimension or one-stop shop will be explained. The criteria for assessment and the applicable remedies will be shown on the examples stemming from CJEU jurisprudence. The relevant jurisprudence and existing legal framework will be signalled in the power point presentations accompanying the lectures. Stanislas Adam:This part of the course mainly examines antitrust procedures and merger control in EU law, with an incursion into judicial review of Commission decisions in this field and private enforcement of EU competition rules. By prohibiting both anticompetitive agreements (Article 101 TFEU) and abuses of dominance (Article 102 TFEU), the Treaties follow the summa divisio of the Sherman Antitrust Act of 1890, the very first federal law governing competition in the United States. Besides that normative convergence, however, the procedural model for which the drafters of the Treaties opted is very different. Inspired by German ‘ordoliberalism’, that model simultaneously entrusts a common investigating body – the Commission – with the tasks of investigating and sanctioning infringements of EU competition law (leaving it moreover to the national competition authorities in the Member States to prosecute infringements that do not raise an EU interest), which differs from the (federal) judicial sanctioning model of the Sherman Act.  The Commission thus holds primary responsibility for conducting an EU competition policy, under scrutiny of the Court of Justice of the European Union. The first, and main part of this course, delves into procedures concerning abuses and agreements/concerted practicesAs will be explained, the principles governing these procedures are set out in Regulation 1/2003 and its Implementing Regulation. Those procedures are largely repressive in nature, which raises numerous legal questions concerning in particular the balance to be struck between the legitimate quest for efficient enforcement by the Commission and National Competition Authorities (NCAs), and the equally legitimate expectation of the undertakings targeted by an investigation to benefit from all guarantees of a “fair trial” within the meaning of Article 6 ECHR. Based on a close examination of not only relevant provisions of EU secondary law but also the relevant case-law, guidelines and notices published by the Commission as well as that institution’s administrative practice, the course follows the main steps of such proceedings. It covers not only the regulatory dimension but explores the case-law in which EU courts have contributed to strike balance between the efficient prosecution and sanctioning of violations of EU competition rules (including of a procedural nature) and that of duly protecting the rights and interests of undertakings involved in antitrust proceedings. The second part of the course focuses on merger control at EU level Anticipating the impact which a concentration is liable to have on competition is a very complex task requiring in particular full cooperation of the undertakings involved and the possibility for third-parties to make know their views on the ensuing market restructuring. The Commission is presumably better placed to verify that a planned concentration will not significantly impede effective competition if it has been informed on the state of the market and its likely evolution by market actors other than the notifying party(-ies). The procedure set out in Regulation No 139/2004 reflects those requirements and shall be examined in class. Special attention will be devoted to the concept of “concentration”, the importance of timely examination of a concentration, and the interplay between Regulation 139/2004 and Regulation 1/2003. The third, and last, part of the course, briefly examines judicial review of Commission decisions in antitrust proceedings, with a special focus on “plenary jurisdiction” which is among the specific features of that review, and the approximation of national rules concerning private enforcement of EU competition rules through Directive 2014/104/EU.  

• Course title: Etude de cas Contentieux
• Number of ECTS: 1
• Course code: MADE4-104
• Module(s): Module 3 – EU Administrative and Constitutional Law
• Language: FR
• Mandatory: Yes

• Course title: Moot court
• Number of ECTS: 5
• Course code: MADE4-47
• Module(s): Module 4-Advanced EU Law and Litigation
• Language: FR
• Mandatory: No