Case C-112/16, Persidera – access to Italian broadcasting frequencies

Perisdera is an Italian broadcasting company. However, it has had difficulties accessing Italy’s radio frequencies. It is a story common to other broadcasters trying to access the Italian market; indeed, there is already preliminary reference about this problem pending at the CJEU, Case C-560/15, Europa Way. This fresh preliminary reference adds a further couple of legal questions. More

Case C-553/15, Undis Servizi – the Teckal exception is pants

An important exception to the application of EU procurement law is where a public body awards a contract to a body that is akin to an ‘in-house’ body. Known as the ‘Teckal’ exception, its precise scope has undergone several refinements by the CJEU in recent years. However, one of the requirements of the Teckal exception is that an ‘essential part’ of the in-house body’s activities be devoted principally to the public body. The question now asked by the Italian Council of State is how an ‘essential activity’ should be assessed. More

Case C-560/15, Europa Way – denied free access to Italy’s broadcasting frequencies

Companies attempting to broadcast their programming to people living in Italy face barriers of almost epic proportions. Even a decade ago, the situation was severe enough to warrant the EU Commission bringing an enforcement action against the Italian State, an action which to this day has still not been concluded. In yet another twist to the on-going saga, the Italian legislature and institutions have now been hauled before the Italian courts by companies who complain that rules which were originally designed to remedy a bad situation have been abandoned contrary to EU law. They also complain about the rules which were subsequently introduced by the Italian legislature that make it particularly onerous, if not impossible, for new entrants to the Italian market to access the frequencies which they need to deliver their programming. More

Case C-613/14, James Elliott Construction – EU standards and contract construction

If a standard has been adopted in the EU, then is legal liability to be determined by this question: ‘Did the product comply with the standard, as assessed by the approved tests, at the time of supply?’ More