With this Liber Amicorum, around 40 contributors from the legal and judicial professions, academia, and the EU institutions pay tribute to Professor and Judge Nils Wahl, and his exceptional career (inter alia, Judge of the EU General Court first, Advocate General of the EU Court of Justice then, and Judge of the EU Court of Justice finally). The contributions provide a thorough analysis of some of the most relevant legal challenges currently faced by the European Union. The volume is mainly focused on EU Competition Law, whilst also encompassing other areas of law (in particular, EU litigation). The book is primarily aimed at legal practitioners (staff of the EU institutions and in private practice) and scholars interested in EU legal matters, and to postgraduate students.
Part I Competition Law.
Chapter 1 Export yes, import no
reflections on Switzerlands position in the European Single Market.-
Chapter 2 EU State Aid greatest hits: How AG Nils Wahl helped shaping
the notion of State aid in EU Law.
Chapter 3 Predicting the Future:
Evidential Basis for Prospective Assessments in EU Merger Control.
Chapter
4 Closing the Gap ? The Commissions Powers of Inspection after Deutsche
Bahn.
Chapter 5 Extraterritorial objects and effects: Advocate General
Wahl in the EFTA Court.
Chapter 6 An early case of the interplay between
the DMA and EU competition law: the Spanish Booking.com case.
Chapter 7
Antitrust and Competition law: Enforcement Cycles in the US and EU.-
Chapter 8 Excessive pricing and the elusive concept of exploitative
abuse.
Chapter 9 The Categorisation of Practices in EU Competition
Law.
Chapter 10 Further reflections on a judicial (and administrative)
architecture in support of an even more efficient approach to EU
competition law.
Chapter 11 Should I Stay or Should I Go? Restrictions by
Object, by Effect, and their Application to Football Transfer Rules.-
Chapter 12 What is an Exploitative Abuse?.
Chapter 13 Recent
developments in the case law of EU courts on competition law, in the wake of
the Superleague judgment.
Chapter 14 Thoughtful Competition Law: Power
and Reflexivity.
Chapter 15 Will European competition law survive the
challenges of the great transformation of the world order and liberal
democracies?.
Chapter 16 Rights of defence and EU Competition
Procedures in the Opinions of Advocate General Wahl.
Chapter 17 Unlimited
jurisdiction in European competition law and the prohibition of reformatio in
pejus.
Chapter 18 The quest of evidence in private enforcement of EU
competition law.
Chapter 19 The Right to be heard orally in competition
proceedings before the European Commission.- Part II Judicial
Proceedings.
Chapter 1 La compétence de la Cour de justice de lUnion
européenne dans le cadre de la PESC : les progrès et les limites
infranchissables (?).
Chapter 2 Le contrôle de légalité des actes
administratifs de lUnion oui, mais de quelle légalité ?.
Chapter 3
The Registry of the Court: between positivism and pragmatism.
Chapter 4
De la représentation des parties devant la Cour de justice et le Tribunal. À
propos de quelques décisions récentes.
Chapter 5 Économie de moyens et
efficacité de la justice.
Chapter 6 The Role of the First advocate
General.
Chapter 7 Réflexions sur le transfert de certains renvois
préjudiciels au Tribunal et sur les nouvelles procédures annexes à la réforme
de la Cour de justice.- Part III European Union Constitutional and
Administrative Law.
Chapter 1 EU rulemaking in response to crisis: the
dynamic use of Article 114 TFEU.
Chapter 2 Should EU Law protect us from
eating bugs? a microstudy in judicial creativity.
Chapter 3 Quest-ce
que lobligatoriété ? Divertissement sur la dimension déontique de la soft
law.
Chapter 4 The enforcement system put in place by Articles 82 and
83 of the GDPR in light of the Courts recent case-law.
Chapter 5 The
contribution of the Court of Justice to a fairer internal market in the
areas of social law and tax law.
Chapter 6 For the sake of appearances:
rethinking the duty of impartiality.
Chapter 7 EUs Technical Standards
and Rule of Law.
Chapter 8 Spyware and national security: who is afraid of
EU law? a fresh overview of the EU law protection of individuals against
spyware.
Chapter 9 The budgetary responsibility of the legislator and its
limits in the European Union and in the Member States.
Luca Prete is référendaire in the chambers of Advocate General Emiliou at the Court of Justice of the European Union, after serving also in the chambers of Advocates General Wahl and Bobek, and of Judge Tizzano. Previously, he worked in the European Commission, in the Legal Service and in DG Competition. Prior to this, he was an associate in the Brussels office of Skadden Arps. For almost ten years, he taught the law of the internal market at the Vrije Universiteit Brussel, as Guest Professor. He is an Italian qualified lawyer, and regularly publishes and lectures on various aspects of EU law, with an emphasis on institutional matters, judicial proceedings, competition law, external relations, international trade and the internal market. Mr Prete holds a Law degree from the University of Bologna (summa cum laude), a LLM from the College of Europe in Bruges, and was awarded a PhD by the Vrije Universiteit Brussel.
Leila Rezki is référendaire in the chambers of the President of the Court of Justice of the European Union, Koen Lenaerts. She was previously référendaire of Nils Wahl at the Court of Justice, after having also assisted him when he was Advocate General and Judge at the General Court. She equally performed her duties with Judge and President of Chamber Dean Spielmann at the General Court. Previously she worked at the Court as Administrator in the Research and Documentation Division and then as a Lectrice darrêts (Reader of Judgments) in the chambers of President Bo Vesterdorf. She obtained a degree in law, followed by a postgraduate degree in Community and European law from the Université de Strasbourg.
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