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Hunton & Williams LLPDecember 2008
Hunton & Williams advises complainant beforeEuropean Commission using new fast-trackprocedure
Robert Klotz, a member of the rm’s
Global Competition Practice, and formerlywith DG Competition at the EuropeanCommission, is using a new fast-trackprocedure in counseling a Germanprovider of wireless broadband technology.The case is directed against the Germangovernment and seeks to ensure fair andnon-discriminatory access to the frequencyspectrum. The Commission has decided tohandle the case under the new “EU Pilot”procedure.
New Procedure for Complaints
“EU Pilot” is a new fast-track procedurefor complaints that is designed to ensurethe correct implementation and applicationof Community law at the national level.The European Commission launchedthe procedure in April 2008, in order to
reach faster and more efcient solutions in
disputed cases.This new procedure is clearly distinguish-able from the infringement proceedingsunder Art. 226 EC. Under the “EU Pilot”procedure, the Commission forwardscomplaints by individuals or companiesdirectly to the Member State concerned.
The Member State’s response may be
subsequently brought to the attention of the complainant. The complainant thusplays a more involved role than under infringement proceedings.
Participating Member States andExecution of Procedure
Fifteen Member States are participatingin the “EU Pilot” procedure on a voluntarybasis: Austria, Czech Republic, Denmark,Finland, Germany, Hungary, Ireland, Italy,Lithuania, the Netherlands, Portugal,Slovenia, Spain, Sweden, and the UnitedKingdom. The procedure will operatefor a one-year trial period. It will then beassessed, and possibly extended to allMember States.Complaints brought to the Commissionby individuals or companies areexamined by the responsible services.If the Commission concludes on a
primafacie
breach of Community law after this initial examination, it can decide toinitiate the “EU Pilot” procedure. Next, theCommission informs the complainant inwriting of this decision. It then forwards thecomplaint electronically to a designatedcontact person at the Member State con-cerned, and may add its own comments or questions.The objective is that the Member Statestops within ten weeks the infringement of Community law set out in the complaint. If
Contact
Park AtriumRue des Colonies 111000 Brussels+32 2 643 58 49rklotz@hunton.com
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