References of "Van Cleynenbreugel, Pieter"
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See detailThe European Commission’s geo-blocking proposals and the future of EU e-commerce regulation
Van Cleynenbreugel, Pieter ULg

in Masaryk University Journal of Law and Technology (in press), 11(1),

As part of its Digital Single Market strategy, the European Commission envisages to take action aimed at eradicating the practice of blocking one’s website to persons established or residing in a ... [more ▼]

As part of its Digital Single Market strategy, the European Commission envisages to take action aimed at eradicating the practice of blocking one’s website to persons established or residing in a particular EU Member State. To that extent, a 2015 pro-posal for a regulation on the portability of online streaming services and a 2016 pro-posal for a regulation on geo-blocking outside the audio-visual context have been presented, the scope of which will be analysed in this paper. Although the proposed Regulations would tackle topical problems in EU e commerce and thus offer a necessary step forward in enhancing cross-border trade in the European Union, their envisaged regulatory approach raises important con-cerns from enforcement and rules’ circumvention points of view. Taking stock of those two concerns, the paper will reflect upon ways to mitigate their detrimental effects. Arguing that the geo-blocking proposals already contain the basic tools for such mitigation, the paper advocates the adoption of a more stream-lined EU competition law and e-commerce regulation enforcement strategy, comple-mented by a “technologically more pro-active” EU law interpretation stance to e-commerce at the EU level. [less ▲]

See detailFrom internal experts to external interlocutors? EU agencies and procedures assessing the equivalence of third country legal rules with EU regulatory standards
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, June 28)

this paper will offer an overview of procedures allowing EU agencies to determine the equivalence of third country regulatory regimes and conceptualise the accountability challenges they pose. Proceeding ... [more ▼]

this paper will offer an overview of procedures allowing EU agencies to determine the equivalence of third country regulatory regimes and conceptualise the accountability challenges they pose. Proceeding in three parts, the first part will identify and classify the different third country equivalence procedures in place. Analysing the legal basis for agency intervention and the specific powers granted to the respective agencies in that respect, this part will allow to develop a topology of two different equivalence roles conferred on EU agencies. Building upon this descriptive analysis, the second part will identify two accountability challenges associated with each of the identified third country equivalence procedure categories. Seeking to overcome those challenges, the third part of the paper will make four pointed suggestions aimed at recognising explicitly and in a more centralised way the external action powers conferred on EU agencies. Doing so would at the very least allow better to tailor modifications to the external action frameworks against the background of which existing equivalence procedures currently already implicitly operate. [less ▲]

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See detailNCA independence in the context of EU Regulation 1/2003: time to take incongruent accountability realities (more) seriously?
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, June 16)

This paper argues that the Commission’s reform suggestions aimed at streamlining NCAs into independent administrative agencies appear to neglect this variety of accountability mechanisms underlying ... [more ▼]

This paper argues that the Commission’s reform suggestions aimed at streamlining NCAs into independent administrative agencies appear to neglect this variety of accountability mechanisms underlying current NCA institutional organisation and functioning. Given that those mechanisms each harbour incongruent expectations regarding the organisation and functioning of independent NCAs, failure to acknowledge such incongruence may in practice lead to less effective competition law enforcement. The purpose of this paper is therefore to uncover the different NCA independence perspectives underlying those accountability mechanisms and to look for legally sound ways to make them converge when designing or upgrading NCA independence in the context of the Regulation 1/2003 reform. [less ▲]

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See detailLegal presumptions of fault in the wake of the transposition of Directive 2014/104/EU
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, June 14)

This paper looks at the role played by legal presumptions in the transposition of the directive on damages and whether this differs from the use of legal presumptions in other contexts of EU competition ... [more ▼]

This paper looks at the role played by legal presumptions in the transposition of the directive on damages and whether this differs from the use of legal presumptions in other contexts of EU competition law enforcement. [less ▲]

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See detailThe roles of competition law in a regulated digital market environment: lessons (not) to learn from related fields of EU regulation
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, June 09)

Within the framework of its Digital Single Market (DSM) agenda, the European Union proposes the adoption of new legislative proposals aimed at removing remaining obstacles to digital transactions ... [more ▼]

Within the framework of its Digital Single Market (DSM) agenda, the European Union proposes the adoption of new legislative proposals aimed at removing remaining obstacles to digital transactions. Proposals relate to the abolition of geo-blocking as well as data and copyright portability. Complementing competition law provisions, those initiatives would seek to create the conditions for a competitive e-commerce environment within the EU internal market. In doing so, the Commission implicitly but clearly seeks to replicate a regulatory and policy approach it had taken already from the 1990s onwards when liberalising the energy and electronic communication sectors. It can be submitted that the European Commission, in proposing its DSM regulation strategy and in setting the terms of its e-commerce sector inquiry, has paid insufficient attention so far to the various and complementary roles competition law can play in a more strictly regulated market environment. In an attempt to clarify the scope and role of EU competition law and its enforcement in a digital single market environment and to guarantee its coherent application with the proposed DSM regulations, this paper will reflect on the roles competition law can our should still play in this context. Proceeding in three parts, the first part of the paper will chart the interaction between competition law and market regulation proposals in the EU’s DSM context. Using examples from the geo-blocking, data portability and copyright proposals made, this part highlights how the EU institutions perceive the interaction between competition law provisions and market regulation in this context. On the basis of that analysis, the second part will frame the interaction between competition law and market regulation as perceived in the DSM strategy, by comparing it with earlier examples in the realm of energy and electronic communications. In doing so, this part will identify two important similarities (breaking up barriers to trade and facilitating cross-border competition) as well as two fundamental differences (absence of natural monopolies and of intensely state regulated sectors). Acknowledging those similarities and differences, it will be submitted, allows better to conceptualise the role of competition law in the particular DSM context. To that extent, the third part will present and analyse the tenability of three possible roles competition law can still play against this background. Assessing the advantages and limits of each approach, that part will invite the Commission to take a clearer stance regarding the choice of one of them. [less ▲]

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See detailDroit matériel de l'Union européenne - libertés de circulation et marché intérieur
Van Cleynenbreugel, Pieter ULg

Book published by Larcier (2017)

L'ouvrage introduit étudiants et praticiens aux fondements du droit du marché intérieur européen. L’analyse juridique se structure pédagogiquement autour des schémas de raisonnement simples et des ... [more ▼]

L'ouvrage introduit étudiants et praticiens aux fondements du droit du marché intérieur européen. L’analyse juridique se structure pédagogiquement autour des schémas de raisonnement simples et des tableaux récapitulatifs clairs. [less ▲]

Detailed reference viewed: 38 (12 ULg)
See detailRoundtable moderator: Global Competition amongst Standard Setting Organizations
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, May 30)

I chaired/moderated and guided a discussion between A. Chaouat (Technicolor), A. Ganesh (CEN/CENELEC), Y. Meniere (European Patent Office) and S. Haber (Stanford University). I prepared an introductory ... [more ▼]

I chaired/moderated and guided a discussion between A. Chaouat (Technicolor), A. Ganesh (CEN/CENELEC), Y. Meniere (European Patent Office) and S. Haber (Stanford University). I prepared an introductory statement and questions for each panelist, in addition to moderating the discussion. [less ▲]

Detailed reference viewed: 12 (1 ULg)
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See detailWhat should be forgotten? Time to make sense of Article 17 GDPR from the point of view of data controllers
Van Cleynenbreugel, Pieter ULg

E-print/Working paper (2017)

This blog post highlights a key gap in the interpretation and envisaged application of the EU's right to be forgotten, as introduced in the General Data Protection Regulation.

Detailed reference viewed: 19 (1 ULg)
See detailVoorwoord bij de reeks Ius mercatorum - Vraagstukken economisch recht
Van Cleynenbreugel, Pieter ULg; Stuyck, Jules; Stijns, Sophie et al

in Vannerom, Johan (Ed.) M-commerce (2017)

In this preface, I explain - together with my co-editors of this book series - the objectives and purposes of a new book series, presenting their distinctive features along the way.

Detailed reference viewed: 9 (1 ULg)
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See detailRecovering unlawful advantages in the context of EU State aid tax ruling investigations
Van Cleynenbreugel, Pieter ULg

in Market and Competition Law Review (2017), 1(1), 15-48

The European Commission has recently begun to focus increasingly on the compatibility of Member States’ tax ruling procedures with EU State aid law. In that respect, it has ordered the recovery of ... [more ▼]

The European Commission has recently begun to focus increasingly on the compatibility of Member States’ tax ruling procedures with EU State aid law. In that respect, it has ordered the recovery of unlawfully granted advantages through those procedures. This article examines to what extent the application of EU law principles of legitimate expectations and legal certainty are to take stock in State aid recovery proceedings of this particular legal certainty-enhancing and legitimate expectationscreating tax ruling context. It additionally questions whether recovery in this particular context should be tailored to the specific national ruling framework having resulted in the advantage granted in violation of Article 107 TFEU [less ▲]

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See detailStreamlining NCA independence in reforming Regulation 1/2003: time to take incongruent accountability realities (more) seriously?
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, April 28)

This presentation analyses argues that the Commission’s reform suggestions aimed at streamlining NCAs into independent administrative agencies appear to neglect this variety of accountability mechanisms ... [more ▼]

This presentation analyses argues that the Commission’s reform suggestions aimed at streamlining NCAs into independent administrative agencies appear to neglect this variety of accountability mechanisms underlying current NCA institutional organisation and functioning. Given that those mechanisms each harbour incongruent expectations regarding the organisation and functioning of independent NCAs, failure to acknowledge such incongruence may in practice lead to less effective competition law enforcement. Its purpose is therefore to uncover the different NCA independence perspectives underlying those accountability mechanisms and to look for legally sound ways to make them converge when designing or upgrading NCA independence in the context of the Regulation 1/2003 reform. [less ▲]

Detailed reference viewed: 26 (1 ULg)
See detailStaatssteun aan groene energie
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, March 31)

In this presentation, I tackle the subject of aid in the context of green energy, discussing the legal framework as well as cases and pitfalls.

Detailed reference viewed: 20 (0 ULg)
See detailThe implicit transformation of national administrative authorities in the service of supranational ‘fair trial’ rights
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, March 24)

This presentation analyses to what extent the fundamental right to a fair trial has been instrumental in shaping or modifying the structure of national competition and financial market authorities in five ... [more ▼]

This presentation analyses to what extent the fundamental right to a fair trial has been instrumental in shaping or modifying the structure of national competition and financial market authorities in five States (the United Kingdom, France, Germany, the Netherlands and Belgium). Submitting that the ECtHR and the CJEU have succeeded in imposing a limited number of administrative organisation templates on administrative authorities and uncovering the limits of that approach, it will call for a more fundamental reflection on the risks and opportunities associated with inter- and supranational courts establishing, in a bottom-up fashion, administrative organisation templates subsequently imposed on States. [less ▲]

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See detailThe EU right to be forgotten in a privacy-sensitive human-robot interaction context
Van Cleynenbreugel, Pieter ULg

Scientific conference (2017, March 06)

One of the most problematic issues currently sweeping data protection debates concerns the right to erasure of one’s personal data. Also known as the right to be forgotten, its recognition has potentially ... [more ▼]

One of the most problematic issues currently sweeping data protection debates concerns the right to erasure of one’s personal data. Also known as the right to be forgotten, its recognition has potentially significant implications for human-robot interactions. Starting from the European Union’s increasing focus on recognising and framing this right, this position paper maps the relevance of linking right to be forgotten and privacy-sensitive HRI-fields, identifying relevant research questions along the way. [less ▲]

Detailed reference viewed: 37 (1 ULg)
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See detailEU competition law
Van Cleynenbreugel, Pieter ULg

in Ugirashebuja, Emmanuel; Ruhangisa, John Eures; Ottervanger, Tom (Eds.) et al East African Community Law: institutional, substantive and comparative EU aspects (2017)

This chapter provides an overview of the principles of EU competition law, its relationship to EU internal market law and the similarities and differences between this body of law and East African ... [more ▼]

This chapter provides an overview of the principles of EU competition law, its relationship to EU internal market law and the similarities and differences between this body of law and East African competition law. [less ▲]

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See detailPrix fixe du livre : les propositions belges contredisent-elles le droit européen de la concurrence ?
Van Cleynenbreugel, Pieter ULg

in Tijdschrift voor Belgische Mededinging [=TBM] = Revue de la Concurrence Belge [=RCB] (2017), 4

Cet article analyse la compatibilité des propositions par les gouvernements communautaires belges des décrets relatifs aux prix fixes du livre, d'un point de vue du droit du marché intérieur ainsi que du ... [more ▼]

Cet article analyse la compatibilité des propositions par les gouvernements communautaires belges des décrets relatifs aux prix fixes du livre, d'un point de vue du droit du marché intérieur ainsi que du droit européen de la concurrence. [less ▲]

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See detailThe EU financial transaction tax project
Van Cleynenbreugel, Pieter ULg; Devroe, Wouter

in De Witte, Bruno; Vos, Ellen; Ott, Andrea (Eds.) Between Flexibility and Disintegration The Trajectory of Differentiation in EU Law (2017)

This chapter analyses to what extent the EU's proposals to establish a financial transaction tax promote a fast track Europe in domains related to the core of the EU's internal market competences. It also ... [more ▼]

This chapter analyses to what extent the EU's proposals to establish a financial transaction tax promote a fast track Europe in domains related to the core of the EU's internal market competences. It also analyses the potential risks and negative consequences such an approach may trigger. [less ▲]

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See detailDroit matériel européen 2017 - diaprésentations
Van Cleynenbreugel, Pieter ULg

Learning material (2017)

The slides used in 2017 as part of the compulsory "Droit matériel européen" course

Detailed reference viewed: 20 (0 ULg)
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See detailLa « discrimination à rebours » au sein du marché intérieur : une illégalité qu’il ne faut pas voir au niveau européen ?
Van Cleynenbreugel, Pieter ULg

in Revue de la Faculté de Droit de l'Université de Liège (2017)

Cet article dresse un panorama de la jurisprudence sur les situations purement internes au droit du marché intérieur et du phénomène juridique de la discrimination à rebours. Il est conclu qu'une telle ... [more ▼]

Cet article dresse un panorama de la jurisprudence sur les situations purement internes au droit du marché intérieur et du phénomène juridique de la discrimination à rebours. Il est conclu qu'une telle discrimination est inhérente au régime juridique de l'Union européenne caractérisé par le principe d'attribution des compétences. Il convient aux Etats membres d'y apporter des solutions fondées sur leurs droits constitutionnels respectifs. [less ▲]

Detailed reference viewed: 39 (1 ULg)