Mixed signals from EU-court

Slippery slope

When is something an agreement that limits competition according to the EU constitution? It is hard for businesses to know says Professor, Doctor of Laws, Jens Fejø from Department of Law.

Seems haphazard

He investigates the principals used by the EU court when referring to its own decisions.

The investigation shows that the EU court’s referrals are not consistent and that they often seem haphazard.

- I have not been able to find a consistent way to refer to former judgements. It gives the impression of randomness and it is difficult to see a system working this random way – says Jens Fejø

The businesses’ legal security is in danger

He thinks that the members of the EU court chose the sentences that they prefer or that they simply forget certain judgements in their references.

- This haphazard interpretation creates judicial insecurity for businesses and the competition authorities make it difficult to estimate the outcome in the case, says Jens Fejø.