European litigation

European Union law suffers from the throes of a number of preconceived ideas in the business world and in the judiciary: too complex or not applicable it is thought.

These preconceived ideas are often reinforced by the attitude of the courts of last resort, in certain member states, including France, which are resisting and do not hesitate to deviate from European standards, at the risk of being at risk. 'origin of convictions of France in breach (Judgment of the Court of Justice of October 4, 2018, case C-416/17, condemning France for misconduct committed by the Council of State - Judgment of the ECtHR of February 13, 2020 , SANOFI-PASTEUR / FRANCE case, n ° 25137/16) for violation of Article 6 ECHR, committed by the Court of Cassation).

However, European Union law is a source of law just like national and international law. In addition to coming from a specific legal order which distinguishes it from international law, Union law benefits from its own rules.

The concept of implementation of EU law receives a broad interpretation in the case law of the Court of Justice. This is in keeping with the logic and the ratio legis of the obligation of loyal cooperation between the Member States and the European institutions with a view to fulfilling the obligations arising from the Treaties and acts of the European institutions, as provided for by the Article 4 (3) TEU.

The contentious "chess game" today indisputably supposes being able to provide clients with an argument that is not restricted to the sole consideration of national law and this option is an undeniable added value in a judicial or administrative process.

Since European Union law takes precedence over national and international law, the firm has developed under the aegis of Clarisse SAND, member of the European group of lawyers ALPHALEX (https://alphalex-avocats.eu/) a strategy of defense, when the conditions are met, allowing the use of European Union law in defense which produces a direct effect allowing citizens and businesses to invoke it directly before the national judge or the public authority concerned, at the 'against a national or international legal standard, which could prove to be contrary to it.

European Union law therefore constitutes an essential source of law when it comes to setting aside a rule incompatible with the European standard. Mastery of European law, which benefits from considerable binding force, is an essential ally for the lawyer in any strategy before administrative or judicial courts.

Thus, in a transversal manner, the firm has the competence in any matter that it exercises to identify either according to the litigation or according to the activity of its clients the European standards which apply and to verify their conformity with the commitments that the French state has taken on the European institutions.

In addition to the exercise of a full defense raising the relevant arguments of European law at all levels of the judicial or administrative proceedings in which it intervenes, the firm supports its clients in filing and investigating any infringement complaint before the European Commission in Brussels. European obligations resulting from the Treaties or for violation of competition rules, to conduct the necessary negotiations before national and European public authorities, to obtain, investigate and plead a preliminary ruling before the Court of Justice of the European Union or an interpretative opinion at the European Court of Human Rights or to introduce, investigate and plead an application before the Court of Human Rights in Strasbourg.

Examples of handled cases by the law firm

  • Élaboration d’avis interprétatifs à la CEDH devant les hautes juridictions françaises dans le cadre de dossiers pénaux fiscaux

  • Requête devant la CEDH pour atteinte aux droits de la défense dans plusieurs dossiers de droit pénal

  • Requête devant la CEDH pour atteinte au droit de propriété en raison de fermeture administrative d’entreprises
  • Plainte à la commission européenne contre une mesure nationale portugaise constitutive d’une violation de l’article 110 du TFUE

  • Questions préjudicielles sur la non-conformité de divers impôts français avec les principes du doit de l’Union européenne

  • Recours en manquement dans le domaine des activités règlementées
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