EU European Law Solicitors London

A&L Goodbody's EU & Competition Law Unit advises a range of public and private clients, both nationally and internationally on EU, competition and sectoral regulation, including Irish competition law, EU competition law, mergers & acquisitions, complaints and notifications to competition regulators, energy law, telecommunications law, state aid, public procurement anti-trust compliance, dawn-raids, horizontal and vertical agreements and general EU law.

The unit is the largest dedicated unit of its kind in Ireland and is widely recognised as the leader in Ireland in this area.

* Listed among the top 100 world's leading competition law practices and economists for the last three years by Global Competition Review, the only qualitative and independent survey of the international competition marketplace
* Recommended by Legal 500 as a top Irish law firm for EU and Competition and Merger and Acquisitions
* Listed as a "European Legal Expert", European Legal Experts 2003
* Quoted as a top tier leading firm in Chambers Global 2004: "This practice is notable for 'constantly' participating in prominent transactions, acting for both government and corporate clients. Its "depth and speed of 'response' impressed clients…." "Commentators view Vincent Power as an 'acknowledged guru' with 'an encyclopaedic knowledge of Irish competition law.' His 'tremendous appetite for writing' has resulted in one of the definitive books on the subject in Ireland." Vincent Power is described as a 'gifted lawyer' while Alan McCarthy is described as 'personable' and 'well recognised by the legal fraternity and the industry'. Anna-Marie Curran is described as being 'very much on the ball', particularly in the area of public procurement.

Vincent Power, Head of the Unit, is the author of several books on the area of EU and competition law and has advised Irish and international clients on a range of high profile cases most recently involving issues such as telecommunications regulation, alleged anti-competitive arrangements, alleged dominance issues and advice to professional organisations regarding Irish Competition Authority investigations.

Members of the Unit have built up a wealth of Irish and international experience working across a range of industry sectors including aviation, transport, food and drink, consumer goods, oil, insurance, banking and financial services.

* For RBS on the Irish competition aspects of its takeover of First Active
* For the Valentia Consortium in the purchase of eircom and the subsequent €1.1 billion flotation of eircom
* For IBM in IBM/Schlumberger
* For Heitons in Grafton/Heiton
* For the Valentia Consortium in the sale of Golden Pages
* For Danone in the sale of Jacob's Bakery
* For Warburg Pincus in the acquisition of Clondalkin Group Holdings

* For Ryanair in relation to its appeal to the Court of First Instance against the European Commission's decision concerning discounts received by Ryanair at Brussels South Charleroi Airport in Belgium
* For the Law Society of Ireland in the Competition Authority's in-depth study of the legal profession
* For Ulster Bank in the Competition Authority's study into the non-investment banking sector in Ireland
* For various banks in the largest case of an alleged price-fixing cartel in Ireland
* For Ireland's Referendum Commission regarding the Nice Referenda
* For Ireland's Department of Public Enterprise on the regulatory regime for Ireland's largest ferry port, Rosslare
* For the Department of Finance on EU law aspects of the new Single Financial Regulatory A&L Goodbody Solicitors

"The EEC Treaty has established its own system of law, integrated in the legal systems of the Member States and which must be applied by their courts."

What is called now the European Union (EU) was established by the European Community (EC) Treaty signed in Rome in 1957. This is commonly known as the European Economic Community Treaty (EEC). It has not only created a new legal order operating in the international or transnational sphere, but it has also brought a process of integration.

The EU enjoys a separate legal system and this system has had a profound impact on all European countries and UK has been affected too. EU law, oras more commonly and incorrectly used EC law,penetrates the national law and can and must be enforced by the national courts. Since EU law has supremacy, in the case of conflict between EU
law and national law, Courts have to give precedence to the legal order of the EU. Member States have the duty to repeal national laws when they are contrary to EU law, but this circumstance cannot always be assured. In reality it is recognised that national, regional and local authorities infringe the EU law in many instances.

Being a citizen of the Union means that you have some rights, duties and involvement in political life. If you are a national of any Member State you automatically are a citizen of the Union. One of the rights linked with this concept is the right to move as freely as if in one's country. After the removal of the physical barriers in the internal frontiers in 1993 we are now free to seek a job in any country or live any where in the EU. For example we are allow to work in the public sector, the health service, education and public corporation, although there are some restrictions in respect of areas regarded as intrinsic part of the State such as the police force, the army and the diplomatic corps.

We have the right to vote and to be a candidate in election to the European Parliament and in local elections in the Member State in which were are resident. We can apply for protection by the diplomatic or consular authority of any Member State in a Third Country outside the EU. Our fundamental rights are also protected and the Union recognises our fundamental right for equal treatment regardless of our sex, race, religion, disability, age or sexual orientation.

This consideration of the equality can be shown in the work field where we have the right for equal pay and equal work or work of equal value regardless of the above considerations and you are entitled to the same training opportunities. An example of this is, as an employee you cannot be discriminated against on the grounds of nationality. You have to be treated equally as the nationals of the country as regards employment, remuneration and other conditions of work. You have the right to accept offers of employment, move freely within the Union and to remain there after having been employed in that State.

There was a case in which a British citizen was not recognised as a worker in the Netherlands due to the fact that she was working part-time. As a result of this incident it became necessary to clarify that a part-time worker had the same rights as a full-time worker which enabled her to stay in that Member State with her family. The Dutch did not recognize her right considering that her part-time job did not allow her to stay in the country with her family. When she appealed, the Court applied EU law and the Court rejected the argument of the Dutch Government, which was that she could not stay unless she earned a minimum subsistence wage and unless she did a minimum number of hours for the purpose of the Dutch legislation. This condition is not required by the EU legal system. The Court held that the important factor of this case was that the job was effective and that she had resources to survive without substantial income from employment.

As consumers, we can also reinforce our rights within the Single Market, protect our economic interest, our consumers' rights to information, education and the protection of health and safety.

When we conclude a contract in any Member Sate we are protected against unfair terms of that contract. A term in a contract can be considered as unfair if it causes a significant imbalance in the parties' rights and obligations arising under the contract and they are to the detriment of us as consumers.

There are many cases where you could apply this situation, for instance if you buy any electric household item and the seller declines in the terms of the contract any liability in the event of late delivery of the product, or stipulate that he will not be liable for hidden defects.

In these circumstances you can appeal and protect your rights as a consumer, and those terms will be ignored. The rights of the consumer always prevail on the seller, and any time that you consider that there arises a situation where your rights are broken, it is advisable to seek legal advice since the protection provided by EU law concerning unfair terms must be guaranteed by the legislation of each EU Member State.

The right to have equal treatment in statutory social security schemes is covered by legislation within the EU. An example of this could be, a business trip leaving the host country on a temporary basis, 'is it still possible to appeal for your community rights while you are working the EU but under the supervisor of a European firm?' In one case, a Belgian national was employed by a French company which placed its workers temporarily at the disposal of other undertakings, he was sent to work in Nigeria on a temporary basis. The local sickness insurance fund in Paris refused to regard him as covered by the French social security scheme while he was in Nigeria. The Court held that the insurance fund was wrong and because the worker had established his rights in France the employments still retains a sufficiently close link with France.

The growth of the tourism industry has been accompanied by an increase of complaints of violation of rights within the Union, as their rights were not observed in another State.

It is interesting that the proliferation of contracts relating to the purchase of the right to use unmovable properties on a timeshare. To protect you against unwelcome surprises which such contracts may conceal, EU rules give you certain rights concerning information on the constituent parts of contracts, the arrangements for the communication of that information and the procedures and arrangements for cancellation and withdrawal. For example, no matter where the property is situated in the EU, complete information must be provided by the seller. You must sign your contract in your mother tongue, even if there must be a copy in the language of the country. It must be stated in writing that the contract must be cancelled without penalty and within a cooling-off period of not less than 10 days from the date of signature of the contract and the seller must not require down-payments during the cooling-off period.

As already stated here, often situations arise where those rights are not observed or where the obligations imposed are not carried out correctly. If you consider that any institution or authority have wrongly interpreted your rights under EU law and that they have discriminated against you, you are entitled to apply for protection in those situations.

One example of this situation is the case of two Italian workers who were heavily out of pocket when their employer became insolvent owing them salary arrears. The Italian Government had failed in transposing a directive which provided for the creation of guarantee funds to secure the salaries of employed persons in the event of the insolvency of their employer. The Court held that this directive was not sufficiently precise to be directly effective. As a result of this, as the Member State failed to incorporate Community law into national law, citizens rights were not effective in this case and the workers could claim damages against the Member State. The reason for that is that they had suffered harm as a direct result of the State's failure to transpose the directive provided that the directive is for the benefit of individuals.

This example demonstrates the supremacy of EU law over national law and how it is possible to enforce our rights directly in the national courts. In the UK, provision is made in reference to the principle of direct effect of the EU law. All Community rights, powers, liabilities, obligations and restrictions created or arising by this separate legal system must be recognised and enforced in the UK and followed accordingly.

All the rights under EU law are extended to the protection of all family members of EU nationals residing on a long-term basis in another Member State, of EU minorities and of third-country nationals who are family members of EU citizens. The right of free movement would be illusory if a worker could not take his spouse, his children and perhaps other members of his family with him. For instance a national of Senegal, married to a French worker employed in Berlin, and working in the same city. After she and her husband were separated, she decided to continue living in Berlin. However, when her residence permit expired she could not get it renewed, because she no longer shared a common domicile with her husband. The Court accepted that as long as they were married, even though they were not living permanently together, she had a right of residence.

With the elimination of duties on internal trade the free movements of goods was extended within the EU. It is recognised a principle of equivalence according to which, where a product has been lawfully produced and marketed in one Member State, it must be allowed to be traded freely throughout the Community.

The law applies both to goods originating within the Union and to goods originating in third countries which are in free circulation in the EU, that means, goods which have satisfied the import requirements, including the payment of customs duties or equivalent charges, on one of the Member States. Therefore, the nationality of the owner of the product is irrelevant once it is circulating within the EU.

EU law is relevant in the case where one Member State prohibits or restricts the import of goods from another Member State. That can operate as a barrier to trade and can affect the free movement of goods. Customs duties are now prohibited on import and exports between Members. They cannot impose taxation which discriminates between similar domestic and imported products, or which affords indirect protection to domestic products.

Turning our attention to business law, the EU provides free establishment to companies and firms formed in accordance with the law of any Member State within the EU. Even companies from countries outside the EU can claim to be treated on an equal basis with national companies.

EU company law should be implemented in domestic law, but it is possible that, for instance, British legislation does not make provision for the appropriate interpretation of a measure of the EU. Therefore in the case of ambiguities in the UK law, the provisions of the directives of the EU have to be given effect and legal advice should be sought. It can be very useful in the case of considering dealing in another Member State, since guidance in the use of the European corporate structures can be an administrative and legal advantage.

Once those undertakings are in operation, it should be necessary to adopt rules which would allow the free market to function. Competition between firms should be regulated to ensure better opportunities for more than 370 million of consumers and the EU as a whole and to ensure that the common market is not distorted. Therefore the single market cannot operate effectively without competition, and competition can only be generated when the same rules apply to everyone.

Both British law and EU law promote free competition. The European rules aim to remove restrictions such as price fixing and market sharing and to ensure that dominant market positions do not adversely affect consumers or other competing firms.

Certain specific examples of prohibited behaviour are the monopoly practices which are detrimental to consumers, discriminatory prices between or within Member States, refusal to sell to a particular customer without valid reason, attempts to retain customers by granting fidelity gifts and acquisition of firms which affects the competitive structure of the EU market.

Concerning this point, the Court has recognised that those anti-competitive practices can be extended to acts done to and by companies present outside the EU if the agreement is operative on the territory of the common market. Thus, the application of those provisions has effect since the agreements is operative on the territory of the common market. In one example, the Court sought to determine how various economic units formed one unity in order to examine how undertakings from outside the Union had organised illegal price-fixing within the EU through subsidiaries under their control.

If a problem of competition arises in the UK, the first thing that should be asked is whether we should consider the application of EU law, as national rules may not displace or prejudice the effectiveness of EU law and there is behaviour which is prohibited by European law and is not sanctioned by national law.

A simple complaint to the Commission has as a result its intervention. The investigation proceedings will start and fines will be imposed for failure to comply with competition rules, and interim action will be taken to bring damaging behaviour to an end.

The EU law is something that we cannot ignore. The fact is that the European legal system does not only apply to situations characterised by a cross-border or international element or limited legal areas. We can say that it is directly applicable to a vast number of fields. For that reason, it is necessary to establish whether there is a European aspect in a particular problem and what the basic principles of the EU law are for that case. The fundamental characteristics of European law are linked with the activity of the Court of Justice and its interpretation of the legal system, therefore legal advice should be asked to carry out the work and seek guidance and assistance.

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