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European Union › Judicial Review

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
White & Case LLP

German Federal Court of Justice Upholds Building Cost Subsidies for Battery Storage Operators

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The German Federal Court of Justice (Bundesgerichtshof; "BGH") recently ruled that operators of battery energy storage systems ("BESS") must pay building cost subsidies (Baukostenzuschüsse) in the same way as other grid...more

White & Case LLP

Court of Justice of the European Union delivers ruling in Royal Football Club Seraing (C-600/23)

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On 1 August 2025, the Court of Justice of the European Union (CJEU) delivered its ruling in the case of Royal Football Club Seraing.1 The CJEU found that also in the context of arbitration before the Court of Arbitration for...more

Bergeson & Campbell, P.C.

European Court of Justice Upholds Decision Annulling Harmonized Classification and Labeling of Titanium Dioxide

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On August 1, 2025, the European Court of Justice (ECJ) issued a judgment upholding the 2022 decision of the General Court annulling the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic...more

Conyers

Sanctions, Superyachts and the Separation of Powers: The Shvidler Appeal and Its Implications for the Cayman Islands

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Earlier this week, the UK’s highest court delivered a landmark decision in the combined appeals of Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs and Dalston Projects Ltd & Ors v Secretary of...more

Baker Botts L.L.P.

EU Court Affirms Authority of EDPB

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On January 29, 2025, the General Court of the European Union delivered a significant judgment concerning the powers and competences of the European Data Protection Board ("EDPB"). The case involved the Data Protection...more

A&O Shearman

Risks in sustainability-related disclosures – reflections on landmark climate litigation actions in the English courts

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Last year, we wrote about ClientEarth’s application to the High Court of England and Wales for permission to bring a judicial review claim, alleging that the UK Financial Conduct Authority (FCA) unlawfully approved the IPO...more

Jones Day

ECJ Antitrust Ruling Not Likely to Jump-Start EC Deal Challenges in "Gap Cases"

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In Short - The Development: The Court of Justice of the European Union ("ECJ") annulled a General Court ("GC") ruling that had adopted a high standard of proof for the European Commission ("EC") to block transactions in...more

BCLP

Another SIEC in the wall - the ECJ’s judgment in CK Telecoms

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Save for the Commission’s decision in M.8792 (Tele2 NL/T-Mobile NL) which cleared the acquisition of Tele2 NL by T-Mobile NL without remedies, the Commission has historically blocked or accepted divestment/behavioural...more

BCLP

Renewable Energy Case Update 2022

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As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Hogan Lovells

Hamburg DPA issues optimistic stance on Executive Order for EU-U.S. Data Privacy Framework

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The Data Protection Authority (“DPA”) of the German state Hamburg is one of the first European DPA to publish an optimistic assessment on the U.S. Executive Order on “Enhancing Safeguards for United States Signals...more

White & Case LLP

ECJ Advocate General recommends setting aside the CK Telecoms judgment and endorsing the European Commission’s established...

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Advocate General Kokott has found that the General Court erred in law in requiring the European Commission to show anti-competitive effects of a merger with “strong probability” and that the scope of its judicial review was...more

White & Case LLP

State aid and the Brexit Trade Agreement: what's new, what's not, and what's next

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State aid remained one of the key sticking points in Brexit negotiations right until the announcement of the Trade and Cooperation Agreement ("TCA") on Christmas Eve 2020. One of the key priorities of the European Union...more

Skadden, Arps, Slate, Meagher & Flom LLP

Competition Law Litigation in the UK

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On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more

White & Case LLP

Financial Regulatory Observer - December 2019: How to challenge the ECB: Lessons from first EU court cases on the SSM

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The European Courts have handed down first judgments on supervisory measures taken by the ECB, highlighting important issues regarding the application of the law.  The Single Supervisory Mechanism (SSM) refers to the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2019

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This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Jones Day

Interplay Between Antitrust Misconduct's Judicial Review and Private Enforcement: A Hallmark Decision - The Italian State Council...

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In the Italian public enforcement matter La Roche-Novartis v. Antitrust Authority, the State Council (the administrative court of second instance, which has exclusive jurisdiction on antitrust cases) recently issued a...more

Quinn Emanuel

Business Litigation Report - March 2019

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Supreme Court Trims Judicial Role Under Federal Arbitration Act - The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., continues its ubiquitous presence on the U.S. Supreme Court’s docket. Hardly a Term has gone by in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Upholds Prosecutorial Discretion in Deferred Prosecution Agreements

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On July 12, 2017, the U.S. Court of Appeals for the Second Circuit ruled in United States v. HSBC Bank USA, N.A. that a federal district court does not have the authority to supervise the implementation of a deferred...more

Smart & Biggar

Rx IP Update - February 2017

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Federal Court of Appeal rules on non-infringing alternatives and apportionment as defences to an accounting of profits from patent infringement - On February 2, 2017, the Federal Court of Appeal released a...more

Cooley LLP

Blog: Interchange Fees Regulation: UK High Court refers Amex v HM Treasury to CJEU for preliminary ruling

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The UK’s High Court has asked the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of the Interchange Fees Regulation (IFR), which caps credit and debit card interchange fees. The...more

McDermott Will & Emery

Recent Judgments Illustrate How the European Commission Can Correct Its Errors Post-Annulment

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As a general proposition, when the validity of a European Commission antitrust decision is challenged before the General Court of the European Union (GCEU), the procedure is one of judicial review, not a retrial on the merits...more

McDermott Will & Emery

Relief for harm incurred as a result of protracted judicial review must be sought before General Court

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On 26 November 2013, the European Union’s top court, the European Court of Justice, gave a seminal ruling establishing the principle that a claim for damages for losses incurred as a result of excessively long judicial review...more

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