Preliminary Reference


“All Included”: The ECJ Clarifies the Notion of ‘Implementing Measures’ Within the Meaning of Article 263(4) TFEU

Dr. Agne Limante Research Fellow, Law Institute of Lithuania This case comment will provide a short analysis of the T&L Sugars case, a decision presented by a Grand Chamber of the CJEU on 28 April, 2015, that clarified the concept of ‘implementing measures’ under Article 263(4) TFEU. It will also look at the preceding Telefónica case which is important for the formation of a fuller understanding of the said concept.


Large Investors, Small Obligations: How to Engage EU Shareholders

Aleksandra Pajic, Ph.D., LL.M. Lecturer in Securities Regulation, University of Saskatchewan Targeted development of the EU corporate governance framework is a timely and necessary move. The past few years have shown some serious shortcomings in corporate governance of EU companies. The lack of effective control mechanisms has contributed to excessive risk taking, and subsequently to failures of many financial and non-financial institutions. Those failures are associated with a set of factors: The lengthening of the investment chain; The increasing “short-termism” of the capital markets;[1] The remuneration of institutional investors based on the volume of assets they manage; The costs associated […]


Driving While Non-European: Reaching a European Consensus on the Exchange of Driver’s Licenses

Megan Elise Griffith J.D., Columbia Law School, 2016 For newcomers to any country, mundane issues, such as obtaining a new driver’s license, can become a time drain. Immigrants may find that they only need to bring documents to a local agency to exchange their “old” license for a new one. Unlucky immigrants, however, may need to take written and practical tests, or even fulfill a classroom requirement, to obtain the new host country license. The fundamental freedom of movement and mutual recognition have mitigated this issue for individuals moving between EU member states. However, member states’ regulations still vary considerably […]


The Use of Collateral in Financial Transactions

Saso Kraner LL.M., Columbia Law School, 2015  Where collateral secures a contractual claim, a right in rem is created. This means it is not only enforceable between the parties to the loan agreement, but also against third parties. The purpose of a collateral arrangement is to protect the collateral taker against default risk relating to the collateral giver. In the event of default, the collateral taker can satisfy her claims using the delivered collateral. Collateral is used in different kinds of transactions. This post focuses on its use in financial transactions.


Unexpected Visitors: European Security Politics and the Passenger Name Record Directive

Mark Goldberg J.D. Candidate, Columbia Law School, 2015 Introduction Over the last two years, a vicious terror organization called Daesh (sometimes known as “Islamic State,” “ISIS,” or “ISIL”) arose amidst societal collapses in Iraq and Syria. Originally an al-Qaeda splinter group, Daesh has proven its resiliency and tenacity in many strategic campaigns. Daesh infamously uses social media to an unprecedented extent for a terror group. Daesh relies on the Internet to propagandize and recruit new jihadis. Its tactics continue to succeed: Gilles de Kerchove, the EU Counter-Terrorism Coordinator, estimates that at least 3,000 European nationals, swayed by recruiters, left the […]


Shopping for a Case: Initial Reactions to the Commission’s Google Announcement

Alex Weaver J.D. Candidate, Columbia Law School, 2016 Editor-in-Chief, Columbia Journal of European Law After five years of formal investigation, the European Commission announced today that it has sent a Statement of Objections to Google concerning its means of promoting Google Shopping results. The allegation derives from Google’s giant footprint in general online search, boasting a more than 90% market share.[1] By using this position to systemically favor its own comparison shopping service, Google, says the Commission, may be in violation of Article 102 of the Treaty on the Functioning of the European Union. This Article prohibits the abuse of […]


Taking Takeover Struggles to the Courts

Julian Beach J.D. Candidate, Columbia Law School, 2016 Traditionally, hostile takeovers between publicly traded companies weren’t viewed as the European way of doing business.[1] Recognized as a common form of corporate practice in the United States since the enactment of broad Federal legislation in the 1960’s, European regulators and business leaders did not turn their full attention to hostile takeovers until the late 1980s.[2] Since the 1990s, mergers and public tender offers specifically have become increasingly frequent, leading the European Commission in 2004 to enact both updated merger regulation and a Takeover Directive to tackle hostile activity.[3] However, substantive differences […]


European Union Merger Control: The End of Member State Industrial Policy?

Géraldine Babin LL.M., Columbia Law School, 2015  The 2014 Alstom controversy again brought to light the tension between EU merger control rules[1] and the desires of Member States to pursue their own industrial policy objectives. The French government, wanting to protect its national security interests, maneuvered to obtain significant changes to the deal between ailing French company Alstom and GE, after having clearly voiced its preference for a deal with the German company Siemens.[2] Former Competition Commissioner Kroes herself pointed out the “great ideological divide” that exists between industrial[3] and competition policies. The former stems from an interventionist approach justifying […]


Between ICSID and a Hard Place

Alex Weaver J.D. Candidate, Columbia Law School, 2016 Editor-in-Chief, Columbia Journal of European Law In the first issue of its 22nd volume, the Columbia Journal of European Law will publish a series of essays on the Transatlantic Trade and Investment Partnership and surrounding negotiations. Here, the Editor-in-Chief frames the intra-European debate over investor-state dispute settlement. Investor-state dispute settlement (ISDS) has been at the center of a political debate which has threatened to derail negotiations of the proposed Transatlantic Trade and Investment Partnership (TTIP) between the US and EU. Proponents see this procedure, and the investment protection scheme behind it, as a […]