European law and litigation

 

Our in-depth knowledge of the law of the European Union and its institutions allows us to design contentious and regulatory strategies providing our clients with new perspectives of management for the legal issues they are facing. Our Brussels subsidiary and its proximity with the representatives of the European Union contribute to a better vision of the regulatory evolutions taking place within the European Union.

 

Litigation before national and European Union jurisdictions

 

As from the stage of proceedings before national courts, we define with our clients a genuine judicial strategy relying on EU law in order, for example, to dismiss national provisions contrary to EU law, impose an interpretation of domestic law complying with EU law, render the State liable in the event of a breach of EU law, or resort to the preliminary question before the Court of Justice.

 

This strategy enabled us to:

  • Liberalise the development of economic activities within the European Union in spite of restrictive domestics rules.
  • Facilitate freedom of establishment and provide services on the basis of mutual recognition and “European passports”.
  • Facilitate free movement of people, for example in the case relating to free movement of professional football players (judgment Bosman, aff. C-415/93).
  • Limit recourse to consumer law for the sole purpose of having domestic law implemented.
  • Ensure free movement of capital; • implement major European directives (hydraulic trade, protection of personal data, unfair commercial practices…).
  • Protect public health through the implementation of European protections with respect to the environment, health…

 

Pre-contentious proceedings

 

  • 80% of claims lodged before the European Commission are settled in a practical manner in a pre-contentious context.
  • Discussing with European Commission officials often results in finding solutions to various issues.
  • Meeting European Parliament members in the context of technical Commissions or via parliamentary Questions is an efficient way to move forward.
  • Various mediation procedures are entered into, even by electronic means of communication, in order to facilitate the examination of cases.

 

European Union regulatory aspects

 

Legal assistance provided to businesses and individuals in the context of proceedings before European institutions includes:

  • discussing with the Commission about the adoption of a new text and the issues arising therefrom for the concerned industry. This is the case, for example, for the draft Regulation relating to the protection of personal data;
  • calls for tenders and European procurement contracts;
  • regional, sectorial and research and development subsidies as well as funding from the European investment bank, the European bank for reconstruction and development…;
  • applications for the MEDIA programme, framework programmes for research and technological development…

 

A renowned cross-practice expertise

 

More than 70% of national legal provisions originate from the law of the European Union. Thanks to the cross-practice approach to case management, which is characteristic of our firm, we are able to respond to the cross-practice requirements of European law. This enables us to develop European Union legal arguments thanks to all the expertise provided by our law firm.