9 December 2019

Actions available for abuse of dependence: Civil fine
The imposition of a civil fine on an undertaking which ensures the economic and operational continuity of the offender, which it has absorbed, does not breach the rule that punishment should be applied to the offender only referred to in Article 6 ECHR.
ECHR, Carrefour France v France, 1 October 2019, No 37858/14 (not available in English)

Anticompetitive agreements: Proof of concerted action
Proof that the agreement covers not only a product but also its accessories cannot be based solely on the finding that they were generally global offers without adducing any concrete evidence to support that claim.
CJEU Case C-593/18 P ABB Ltd, Judgment of 28 November 2019, LawLex201900001455JBJ

Insolvency proceedings: Actions directly related to the proceedings
An action brought by the trustee in bankruptcy appointed by a court of the Member State within the territory of which the insolvency proceedings were opened seeking a declaration that the sale of immovable property situated in another Member State and the mortgage granted over it are ineffective as against the general body of creditors falls within the exclusive jurisdiction of the courts of the first Member State.
CJEU Case C-493/18 UB v VA, Judgment of 4 December 2019, LawLex201900001479JBJ

Insolvency proceedings: Effects of recognition
Article 32(1) of Regulation No 2015/848 covers only the recognition and enforceability of judgments deriving directly from the insolvency proceedings and which are closely linked with them, and cannot be interpreted in such a way as to call into question the exclusive nature of the international jurisdiction of the courts of the Member State within the territory of which the insolvency proceedings were opened to hear actions which derive directly from those proceedings and which are closely connected with them or as a mechanism for conferring international jurisdiction on a court other than the one which enjoys exclusive jurisdiction.
CJEU Case C-493/18 UB v VA, Judgment of 4 December 2019, LawLex201900001479JBJ

Insolvency proceedings: Effects of recognition
Article 32(1) of Regulation No 2015/848 (former Article 25(1) of Regulation No 1346/2000) which provides for a simplified system for the recognition and enforcement of judgments opening proceedings must be interpreted as meaning that a judgment by which a court of the Member State in which the insolvency proceedings were opened authorizes the trustee in bankruptcy to bring an action in another Member State, even if that action falls within the exclusive jurisdiction of that court, cannot have the effect of conferring international jurisdiction on the courts of that other Member State.
CJEU Case C-493/18 UB v VA, Judgment of 4 December 2019, LawLex201900001479JBJ