In this issue:
The Schneider Decision
The judgment of the Court of First Instance of July 11, 2007 awarding damages to Schneider Electric is unlikely to lead to a flood of merger-related damages litigation against the European Commission.
The CFI’s decision is undoubtedly historic. It is the first case in which damages have been awarded against the Commission for getting a merger wrong. The question is whether this will herald a change in the courts hitherto restrictive approach to non-contractual liability of the European institutions.