The article briefly overviews some features of Advocates General of the Court of Justice of the European Union as well as the influence of their opinions on the case law of the Court. The research is based on the doctrine as well as on the case law. The latter spotlights inter alia the links between the opinions of Advocates General and the judgments of the Court both when propositions of Advocates General are followed and when they are not.
This article presents some general aspects of the scope of judicial review applied by the Court of Justice of the European Union as well as its particularities in competition (the research comprises cases concerning agreements restricting competition and the abuse of a dominant position) and civil service cases. As legal texts of the European Union do not provide the precise scope of judicial control, the jurisprudence of the Court of Justice of the European Union is one of the main sources giving clarifications on this issue. This article focuses accordingly on the presentation of the relevant jurisprudence, which analyzes the subject matter in general and reflects the evolution of this Court’s approach in the said competition and civil service cases.
Abstract. The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU) related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.
This article continues to overview some features of Advocates General of the Court of Justice of the European Union and analyses the influence of their opinions on the case law of the Court. Their role in developing the Union’s jurisprudence in general as well as shaping directions on how to apply EU law in dealing with new economies are of particular interest.
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