Paul Lefebvre Successfully Represented the European Commission
February 4, 2019 10:53 AM
Paul Lefebvre, a partner at Hanotiau & van den Berg, successfully represented the European Commission which appeared before the Belgian Supreme Court as an amicus curiae in a case opposing the Belgian Competition Authority to B-POST.
In a judgment on 22 November 2018, the Belgian Supreme Court hold that the Commission, when intervening on the basis of Article 15, § 3 of the Regulation CE N° 1/2003 of 16 December 2002, did not intervene as an intervening party but specifically as amicus curiae in order to enlighten the national judge, when community public interest is at stake, and in view to ensure a coherent application of articles 101 and 102 of the Treaty on the functioning of the EU.
It is the first time that the Belgian Supreme Court accepts before it an amicus curiae appearance which is a type of intervention that is unknown before the Belgian courts as in most civil law jurisdictions.