Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...

This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that this position is flawed because it deviates from...

The paper examines the administrative and judicial review of the ECB decisions in the banking supervisory field. In the first part the core characteristics of the functioning of the internal administrative review carried out by the Administrative Board of Review (ABoR) are described, and the...

Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...

In this case comment, I explore the two EFTA Court Judgments in the Fosen-Linjen saga and their opposing views on the interaction between EU/EEA rules on procurement remedies and the more general principle of State liability for breaches of EU/EEA law. I review the case law of the Court of...

The EFTA Court adopted two recent Judgments on the liability thresholds for damages claims for breaches of EU/EEA public procurement law. In Fosen-Linjen I, it followed the so-called separation thesis of procurement damages and State aid liability and found that ‘A simple breach of public...

For a long time it has been commonly perceived that the decisions of the European Commission appraising mergers have, for many reasons, not been fully subjected to substantive judicial review. However, this familiar criticism now seems to have been partly addressed by recent developments, for...

This paper analyses the role of third parties in the enforcement of the Foreign Subsidy Regulation (FSR). It focuses on competitors, customers, and suppliers – market participants directly affected by distortive foreign subsidies – as a special form of third parties.Third parties might have...

Defining competences in EU law has always been problematic, notwithstanding the inclusion since the Treaty of Maastrict of the principle of conferred powers as central to the constitutional character of the EU. Under the principle of conferral, the Union only has those powers actually conferred...