«Current Trends in the Case Law of the European Courts in the Field of Business Law».

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Luxembourg, February 2007 Dear Sir or Madam, On 24 & 25 May 2007, the Luxembourg Antenna of the European Institute of Public Administration - the European Centre for Judges and Lawyers - is

1 Luxembourg, February 2007 Dear Sir or Madam, On 24 & 25 May 2007, the Luxembourg Antenna of the European Institute of Public Administration - the European Centre for Judges and Lawyers - is organising a seminar on the «Current Trends in the Case Law of the European Courts in the Field of Business Law». The objective of this seminar is to provide an overview of the directions of the current case law of the European Courts in the field of business law. By looking at general trends as well as many specific cases of particular interest, we will be able to see where these support, further elaborate or modify prior case law. The seminar is aimed at judges, lawyers, national and Community officials, academics and, more generally, at all those who wish to know more about the main rulings delivered by European Courts during the years of 2006 and 2007 in the field of business law. EIPA would be honoured to count you among the participants. For registrations received and the referring payment made before April, 12 th, the registration fee is 650(including documentation, beverages, 2 lunches and a reception). The fee for registrations after this date is 700. The working languages of the seminar will be French and English, and simultaneous interpretation between the two languages will be provided. Should you wish to receive more details about this seminar, please do not hesitate to contact Ms Christiane LAMESCH, Programme Organiser, tel.: , fax: , c.lamesch@eipa.net. You can also consult our web site: We would be most grateful if you could also distribute this information to other persons who may be interested. We look forward to welcoming you to this seminar. Yours faithfully, Carla BOTELHO Lecturer Véronique CHAPPELART Visiting Expert European Centre for Judges and Lawyers European Institute of Public Administration (EIPA) Antenna Luxembourg Peter GOLDSCHMIDT Director

2 Seminar/Séminaire Current Trends in the Case Law of the European Courts in the Field of Business Law Les tendances actuelles de la jurisprudence des juridictions communautaires en droit des affaires Luxembourg, 24 & 25 May 2007 / les 24 & 25 mai 2007 Seminar Venue / Lieu du séminaire : European Commission, Jean Monnet Building Room M3 Commission européenne, Bâtiment Jean Monnet Salle M3 Organised by the / Organisé par European Institute of Public Administration European Centre for Judges and Lawyers (EIPA) / l Institut européen d administration publique Centre européen de la magistrature et des professions juridiques (IEAP) Circuit de la Foire Internationale 2 L-1347 LUXEMBOURG

3 Seminar Current Trends in the Case Law of the European Courts in the Field of Business Law European Institute of Public Administration European Centre for Judges and Lawyers (EIPA) Luxembourg, 24 & 25 May 2007 PROGRAMME Description: The case law of the Court of Justice and the Court of First Instance handed down in 2006 should have a major impact on the practice of economic operators; in fact, the interpretation and application of the traditional concepts of the Internal Market such as goods, services and capital no longer seem as clear as they used to be, whether because of the development of internet supplies of credit or because of the operation of certain types of electronic games outside casinos. Competition law, state aid and taxation are also affected by the development of Community case law. These issues will be analysed in the context of thematic workshops. Three of the workshops will deal with, respectively, the application of the consequences of the non bis in idem principle in the framework of world cartels and transatlantic prosecutions, the proof of anti-competitive practices and the respect for the rights of the defence in the case of prosecutions against restrictive competitive practices. Furthermore, there will be a special state aid workshop focusing on the impact of the principles of legitimate expectations and equality on the power of the Commission as regards state aid control and the question of whether the continuation of the Chronopost saga as well as the new episode of the Verlipack case brings new elements. Finally, the seminar will conclude with discussion workshops on tax law: the workshop on direct taxation will deal with the consequences of the Community concept of group relief for the powers reserved for the Member States and the first judgement of the Court on fiscal forum shopping encouraged by national legislation on controled foreign companies. The issue of VAT will also be addressed: the last workshop of this seminar will focus on the questions of whether investment funds correspond to the concept of management of special investment funds as stipulated in the Sixth Directive and whether Article 33 of the VAT Directive prohibiting turnover taxes is doomed to become obsolete. The discussions held in each workshop will be summarised in plenary sessions. Target Group: This seminar is aimed at judges, lawyers, national and EU officials, academics and, more generally, at anyone who wishes to know more about the main rulings handed down in the field of business law by the European Courts in

4 Thursday 24 May REGISTRATION Welcome of participants and opening of the seminar Carla BOTELHO, Lecturer, and Véronique CHAPPELART, Visiting Expert, European Centre for Judges and Lawyers, European Institute of Public Administration (EIPA), Luxembourg Antenna INTERNAL MARKET: CHALLENGING TRADITIONAL IDEAS ABOUT THE INTERNAL MARKET? Goods/services: Are we moving towards a cumulative application of these two concepts? Commission v Greece, 26 October 2006, Case C-65/05 Jacques RADOUX, Legal Secretary, Chambers of Judge Romain Schintgen, Court of Justice of the European Communities, Luxembourg (invited) Services/capital: What Treaty rules should govern the granting of credit via internet by a Swiss undertaking to Community nationals? Fidium Finanz AG, 3 October 2006, Case C-452/04 Martin MOSER, Legal Secretary, Chambers of Advocate-General Kán Mazák, Court of Justice of the European Communities, Luxembourg (invited) Coffee break THEMATIC WORKSHOPS ON COMPETITION LAW Workshop 1: International cartels, transatlantic prosecutions and the non bis in idem principle The lysine case: Archer Daniels Midland, 18 May 2006, Case C-397/03 P The graphite electrodes cartel: Commission v SGL Carbon AG, 29 June 2006, Case C-301/04 P Showa Denko, 29 June 2006, Case C-289/04 P SGL Carbon, 29 June 2006, Case C-308/04 Speaker and Moderator: Thierry HOSCHEIT, President of the Competition Council, Luxembourg (confirmed)

5 12.30 Lunch Workshop 2: Proof of anti-competitive practices The case of bank charges for conversion: how to prove that an agreement exists? OP, PO, OP Dresdner Bank AG and others, 27 September 2006, Joined Cases T-44/02, T-54/02, T-56/02, T-60/02 and T-61/02 The case of organic peroxides: on whom rests the burden of proof as regards the end of a continuous offence? Peroxidos Organicos SA, 16 November 2006, Case T-120/04 Speaker and Moderator: Christophe LEMAIRE, Senior Lecturer, University Paris I Panthéon-Sorbonne, Paris (confirmed) Coffee break Workshop: The rights of the defence in the framework of prosecutions against anti-competitive practices Scope of the right to silence: the Court condemns the misreading of the Orken judgement of the Court of First Instance in the graphite electrodes case Commission v SGL Carbon AG, 29 June 2006, Case C-301/04 P Duration of the proceedings, reasonable period and respect for the rights of the defence: Nederlandsche Federatieve Vereniging voor de Groothandel op Elektrotechnisch Gebied, 21 September 2006, Case C-105/04 P Technische Unie BV, 21 September 2006, Case C-113/04 P Reception Speaker and Moderator: Gabriel BLESER, Lawyer, Allen & Overy, Luxembourg (confirmed) Friday 25 May 2007 THEMATIC WORKSHOPS ON STATE AID LAW The principles of legitimate expectations and equality: What is the effect on the competence of the Commission as regards control of state aid? Commission v Council, 22 June 2006, Case C-399/03 Kingdom of Belgium and Forum 187 Asbl v. European Commission, 22 June 2006, Joint Cases C-182/02 and C-217/03 Bernard CHEVALIER, Legal Secretary, Chambers of Advocate General Yves Bot, Court of Justice of the European Communities, Luxembourg (confirmed)

6 09.45 Workshop 1: Can logistical advantages constitute state aid? The Chronopost saga continues UFEX, 7 June 2006, Case T-613/97 Speaker and Moderator: Agnieszka STOBIECKA-KUIK, European Commission, Legal Service, Brussels (confirmed) Workshop 2: Can loan write-off and share repurchase constitute state aid? A new episode in the Verlipack case Ter Lembeek International NV, 23 November 2006, Case T-217/02 Speaker and Moderator: Karolina MOJZESZOWICZ, European Commission, Legal Service, Brussels (invited) (Coffee will be available during the workshop sessions) Lunch THEMATIC WORKSHOPS ON DIRECT TAXATION Workshop 1: The consequences of the Community concept of group relief Could the Marks & Spencer judgement have repercussions on the powers reserved for the Member States in the field of direct taxation? Marks & Spencer, 13 December 2005, Case C-446/03 Speaker and Moderator: Paul FARMER, Head of Unit, European Commission, DG Taxation and Customs Union, Directorate E Analyses and Tax Policies, Analysis and Coordination of Tax Policies Unit, Brussels (invited) Workshop 2: Fiscal forum shopping The Court rules for the first time on national legislation on controled foreign companies Cadbury Schweppes and Cadbury Schweppes Overseas, 12 September 2006, Case C-196/04 Speaker and Moderator: Paul FARMER (invited)

7 THEMATIC WORKSHOPS ON VAT Workshop 1: Do investment funds correspond with the concept of management of special investment funds as stipulated in the Sixth Directive? Judgement delivered regarding the principle of fiscal neutrality established by the Sixth Directive Abbey National PLC, Inscape Investments Fund v Commissioners of Customs and Excise, 4 May 2006, Case C-169/04 Speaker and Moderator: Antonio VICTORIA SANCHEZ, European Commission, DG Taxation and Customs Union, Directorate D Indirect Taxation and Tax Administration, Control of the application of community legislation and State aid/indirect taxes Unit, Brussels (confirmed) Workshop 2: Is Article 33 of the Sixth Directive prohibiting turnover taxes doomed to become obsolete? The Court rules on an issue of great importance Banca popolare di Cremona Soc. Coop. àrl, 3 October 2006, Case C-475/03 Speaker and Moderator: Antonio VICTORIA SANCHEZ (Coffee will be available during the workshop sessions) END OF THE SEMINAR

8 Seminar Current Trends in the Case Law of the European Courts in the Field of Business Law Luxembourg, 24 & 25 May 2007 GENERAL INFORMATION Hotel reservations The European Institute of Public Administration has made a block booking at 5 hotels: Hotel Novotel****, Centre européen, Plateau de Kirchberg at the rate of 130 (including breakfast and tourist tax). (Reservation code: ). The hotel is located outside the city centre, within walking distance of the Jean Monnet Building. (Tel.: ; Fax: ; H1930-RE2@accor.com) Hotel Parc Plaza**** at the rate of 148 (including breakfast and tourist tax) (Reservation code: PL36701) Hotel Parc Bellevue*** at the rate of 91 (including breakfast and tourist tax) (Reservation code: BV36223) 5, avenue Marie-Thérèse, city center, 10 minutes from Centre Aldringen (Tel.: ; Fax: ; reservation@hpb.lu; Hotel Français***, Place d'armes, right in the city centre, 2 minutes from Centre Aldringen, at the rate of 97 (including breakfast and tourist tax). (Tel.: ; Fax: ; hfinfo@pt.lu; Hotel Ponte Vecchio****, 271, rue de Neudorf at the rate of 79 (including breakfast and tourist tax). Bus no 21, leaving every 30 minutes, is stopping right in front of the Hotel (Stop Neiduerf- Brasserie) as well as just around the corner of the main entrance of the Jean Monnet Building (Stop Jean Monnet). (Tel.: ; Fax: ; vecchio@pt.lu; Luxembourg City has two main bus stations, one in the city centre called "Centre Aldringen" and one next to the railway station called "Air Terminus". All buses, wherever they go, are passing through these two stations. Bus no 18, with departure every ten minutes, is going direction Kirchberg, stopping right in front of Hotel Novotel, which is within walking distance of all European Institutions. Should you wish to make use of this possibility, please phone or fax the reservation department of the hotel at one of the above-mentioned numbers and mention the following reference: EIPA 07/537/01. Payment is to be made directly and personally to the hotel on checking out. Please note that if you register later than 10 days before the seminar, hotel reservations cannot be guaranteed. Meals: Should you require a special menu (e.g. vegetarian, diabetic), please inform the Programme Organiser in due time so that this can be arranged. Confirmation: Confirmation of registration will be forwarded to participants on receipt of the completed registration form. Payment: Prior payment is a condition for participation. Please indicate on the registration form the method of payment you have chosen. Cancellations: For administrative reasons, a fee of 150 wil be charged for cancelations received after 9 May 2007 unless another participant is designated.

9 REGISTRATION FORM Seminar Current Trends in the Case Law of the European Courts in the Field of Business Law Luxembourg, 24 & 25 May 2007 Surname: Title: First name: M / F Current position: Organisation: Department: Work address: Postal code & town: Country: Tel. no. (work) : Fax no.: address: Language skills: English: active passive none French: active passive none Language preference: English French PAYMENT The participation fee includes participation in the seminar, EUR 700 documentation, 2 lunches, 1 reception/cocktail and beverages. For this seminar, there will be discount of 50 for al participants who have registered and who's payment has been received before April, 12th 2007 (EUR 650) Method of payment Bank transfer The participants or their administration will receive an invoice for the payment of the registration fee Invoice address (if different from the abovementioned address):.. . Credit card / Debit card Eurocard/Mastercard Visa Card Card no.:.... Expiry date:.../... Name Card holder:... (in case this differs from above) Address Card holder:... (in case this differs from above) Postal code:... Country:... (in case this differs from above) Card Validation Code:... (This refers to the last three digits of the number on the BACK of your card) Note: Pre-payment is a condition for participation. For administrative reasons, a fee of EUR 150 will be charged for cancellations received after 9 May 2007 unless another participant is designated. MEALS Lunch Day 1 will attend will not attend Lunch Day 2 will attend will not attend Reception/Cocktail party Day 1 will attend will not attend Vegetarian or Diabetic Meals Yes No Please return the completed registration form to: Ms Christiane LAMESCH Tel.: European Institute of Public Administration Fax: Antenna Luxembourg c.lamesch@eipa.net 2 Circuit de la Foire Internationale L LUXEMBOURG 3 May 07

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