EU-Law
Today, European law is of decisive importance for almost all economic sectors. A significant part of the national legal framework is initiated by the European legislator, directly prescribed, or influenced by the case law of the European Court of Justice (ECJ). This applies to the media, electronic communications, and information technology sectors. In these areas, the harmonization of the legal framework is of central importance due to advancing digitalization and the use of AI to ensure a functioning internal market and to strengthen the European economy in global competition.
Legal requirements extend to the regulation of electronic communications, copyright and collective rights management law, as well as data protection law. Also included are the regulations for e-commerce, the liability of providers and platform operators, and the regulation of cross-border audiovisual media services. Furthermore, European antitrust and state aid law have fundamental impacts on the competition of media, sports, and ICT companies both within and outside the European Union.
In a digitized market landscape, these regulations are of immense strategic importance. We ensure that you not only position yourself in a legally secure manner on the market but also have effective instruments at your disposal to act against unfair practices by competitors. In this way, we protect the integrity of your brand and ensure competition that is based on performance and transparency.
European legislative process is largely steered by the European Commission, which, as the central executive body, generally takes the initiative for new legislation. Its drafts for directives and regulations form the foundation upon which the European Parliament and the Council of the European Union subsequently decide.
In the ordinary legislative procedure, the Parliament plays a key role: No legal act can enter into force without its consent. As a co-legislator, the European Parliament also has the exclusive right here to introduce formal amendments and thus actively shape the content of legislation. The Council acts as an equal decision-making body with which the final legal acts are coordinated and adopted.
Because EU procedures are often complex and culminate in informal formats such as trilogue negotiations between the Commission, Parliament, and Council, utmost vigilance is required. Transparency varies depending on the stage of the procedure – particularly in the working groups of the Council or during ministerial meetings.
The European Commission is not only the initiative body for legislative proposals. It also monitors the application and implementation of EU law and is authorized to initiate infringement proceedings (Vertragsverletzungsverfahren) against individual Member States in the event of violations.
As the European competition authority, the Commission is of practical relevance for companies. Alongside national competition authorities, it is primarily responsible for the proper application of competition rules and possesses extensive monitoring and enforcement powers. These encompass:
The case law of the ECJ increasingly influences national legal application as well. This applies both to decisions of the ECJ in so-called infringement proceedings (Art. 258 TFEU), to which the affected Member State must yield, and to preliminary ruling procedures (Art. 267 TFEU), which can have direct consequences for economic operators.
A prime example is the extensive case law of the ECJ on the interpretation of key concepts of the GDPR, which companies must take into account: This includes decisions, for instance, on the responsibility of the data controller, the definition of special categories of personal data, legal bases for the processing of personal data, and claims for damages in the event of a breach of data subject rights.
Particularly defining are the ECJ’s rulings on the permissibility of data transfers from the EU to a third country: In its decisions (Judgment of Oct 6, 2015, Case C-362/14 – “Schrems I”; Judgment of Jul 16, 2020, Case C-311/18 – “Schrems II”), the court denied that the US possessed a regulatory system comparable to the European level of data protection and declared the “Safe Harbor” and “Privacy Shield” agreements concluded between the EU Commission and the US null and void, leading to enormous legal uncertainty for European economic actors. Whether the current “EU-U.S. Data Privacy Framework” agreement, which became necessary as a result, will hold up legally in the future and create legal certainty for data transfers remains to be seen.
Today, sound legal advice for our clients is inextricably linked to the often complex requirements of EU law. We support you with detailed legal opinions on specific issues of European primary and secondary law, particularly when it comes to the interpretation and legally compliant implementation of regulations, directives, or decisions. Part of our expertise also includes analyzing the case law of the ECJ to identify direct legal consequences for your company at an early stage and manage them safely.
Furthermore, we forcefully represent your interests in competition-critical proceedings at the European level. This includes assisting in complex antitrust and state aid proceedings before the European Commission. Should an amicable solution not be achievable, we resolutely enforce your rights and claims through litigation before the General Court (EGC) and the European Court of Justice (ECJ) in Luxembourg.
To successfully safeguard your interests at the European level, early and proactive action is indispensable. Based on our proven expertise in Union law, we help you stay close to developments, anticipate procedural steps, and strategically lead the dialogue with decision-makers. We act as an effective early warning system for your company: We analyze legislative drafts, track relevant proceedings for you, and support your strategic positioning vis-à-vis the relevant EU institutions. With in-depth knowledge of the legislative phases and active interest representation, we ensure that you do not merely observe the outcome of European lawmaking processes, but actively and effectively help shape them.
Our client base reflects the entire spectrum of modern industries. Our clients include globally operating platform operators and DAX-listed companies from the telecommunications and media sectors, as well as mid-sized advertising agencies, content aggregators, and renowned trade associations. They all rely on our deep expertise in EU law and our strong enforcement capabilities in complex proceedings.
The relevance of our work is demonstrated in landmark mandates at the European level: For instance, we represent a motorsport association in extensive state aid proceedings, including representation in court all the way to the ECJ. Furthermore, we assist in strategic national court proceedings, intentionally guiding them toward a referral to the ECJ to obtain final rulings on fundamental legal issues – such as in the field of email marketing for leading advertising companies.
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