Education and Honors

  • Dr. jur. (summa cum laude), University of Passau, 1991
  • LL.M., McGill University, 1991
  • Second State Exam, OLG Düsseldorf, 1989
  • 1st State Exam, University of Passau, 1986
  • PLC Which Lawyer?, EU Competition/Anti-Trust (2010-2012), EU State Aid, and Life Sciences: Competition/Anti-trust, 2012

    PLC as a Leading Practitioner in the field of EU Competition, 2008-2010

    The Legal 500 EMEA as a Leading Practitioner in the fields of Competition and Customs, Trade, WTO, and Anti-dumping - Belgium, 2010-2014

    Legal Experts UK, 2010

    Chambers Europe as a leading practitioner in the field of WTO/International Trade and Competition/European Law, 2008-2013

    Chambers Global as a leading practitioner in the field of Competition/European Law (Belgium), International Trade/WTO (Belgium) and International Trade/WTO Europe-wide, 2009-2014

    JUVE, Customs & Trade, Leading WTO Lawyer, 2008-2010

    JUVE, Customs & Trade, Leading EU Market Regulations Lawyer, 2010

    Who’s Who Legal, Trade & Customs and Competition, 2008-2013

    Best Lawyers in Belgium, Competition/Antitrust, 2013 & Trade, 2009-2013

    The World’s Leading International Trade Lawyers, 2010

Admissions and Affiliations

Brussels Bar

Member of the Permanent Delegation of the CCBE to the European Court of Justice and the Court of First Instance of the European Communities; the CCBE is the official representation of the bars and law societies in the EU Member States

Studienvereinigung Kartellrecht (German Antitrust Lawyers Association)

Member of the Advisory Board to the editors of the EuZW, the leading German legal publication on EU economic law

Dr. Georg Berrisch

Partner

Square de Meeûs, 23-Box 11 Brussels B-1000
Belgium
Phone:
+32.2.891.7340
Fax:
+32.2.891.7400

Summary

Dr. Georg M. Berrisch, a German Rechtsanwalt, is recognized as one of the most experienced and effective litigators before the Court of Justice and the General Court of the EU. He is known for vigorously defending the interests and rights of his clients and for developing effective legal and political strategies in complex contentious proceedings before the European Commission and other EU institutions, in areas such as competition, state aid and trade.

In competition matters, Dr. Berrisch has represented clients before the EU Commission and national competition authorities in merger control proceedings as well as cartel and abuse of dominance investigations.

Dr. Berrisch has litigated nearly 200 cases over the past several years before the Court of Justice and the General Court of the EU. His litigation experience before the two EU Courts covers a broad range of subject matters including:

  • competition (cartels, merger control, abuse of dominant position)
  • state aid
  • international trade (anti-dumping and anti-subsidy, customs, trade sanctions, agricultural levies)
  • pharmaceuticals
  • consumer protection and passenger rights
  • access to documents under the EU Transparency regulation
  • EU constitutional law as well as fundamental rights law

Dr. Berrisch regularly meets with judges from both EU Courts outside of specific cases to discuss various issues concerning the operation of the Courts in his capacity of the two leading German lawyers associations (Deutsche Anwaltverein and Bundesrechtsanwaltskammer) in the Permanent Delegation of the CCBE (the official representation of the bars and law societies in the EU Member States) to the EU Courts.

Dr. Berrisch is highly regarded by clients for his practical advice on external trade, including export control of Dual Use Goods and the operation of the EU’s economic sanctions against Iran, Syria and other countries and assistance on issues arising in the World Trade Organization. He has also represented clients in EU anti-dumping and anti-subsidy investigations.

Representative Engagements

Litigation

  • Representing Ryanair in its appeal against the Commission’s February 2013 merger control decision prohibiting Ryanair to acquire control of Aer Lingus (Case T-260/13)
  • Representing Samsung SDI in its appeal against the Commission’s CRT cartel decision (Case T-84/13)
  • Representing Ryanair before the Court of Justice in a reference case from the OLG Koblenz concerning alleged state aid in relation to Ryanair’s operations at the Frankfurt-Hahn airport (Case C-284/12)
  • Representing a Russian business man challenging a decision by Council to include him in the list of designated persons of the EU’s economic sanctions against Belorussia and advising him on the impact of that decision on his business operations in the EU
  • Represented the Council of the European Union in more than 140 anti-dumping and anti-subsidy cases before the Court of Justice and the General Court of the EU
  • Representing Microsoft as intervener in a case brought by Cisco challenging the Commission’s decision to approve Microsoft’s acquisition of Skype under the EU Merger Control Regulation (Case T-79/12)
  • Represented HP before the Court of Justice in a reference case from the German Supreme Court concerning copyright levies on printers and computers (Joined Cases C-457-461/11)
  • Representing the World Anti-Doping Agency (WADA) as intervener in a case before the General Court concerning a complaint that WADA’s anti-doping rules are incompatible with EU competition law (Case T-508/09 and C-269/12P)
  • Represented Ryanair before the Court of Justice in a reference case concerning obligations of airlines under the EU passenger rights regulation in relation to the 2010 ash cloud incident (Case C-12/11)
  • Represented Ryanair in its appeal against the European Commission’s decision to block its proposed acquisition of Ireland’s national carrier, Aer Lingus (T-342/07) and as intervener in a case brought by Aer Lingus’s seeking to force the Commission to order Ryanair to sell down its minority stake in Aer Lingus (Case T-411/07 and T-411/07R)
  • Represented the Association of Corporate Counsel Europe as intervener in a case concerning the scope of legal privilege for in-house counsel in EU cartel investigations (Case T-253/03 and Case C-550/07P)
  • Represented Microsoft in its dispute with the European Commission concerning the compliance with the Commission’s March 2004 decision ordering Microsoft to make available interoperability information for its work group server operating systems and in ensuing litigation before the General Court (Case T-271/06)
  • Represented the European Low Fares Airlines Association in its challenge of the new EU Regulation on passenger rights (Case C 344/04)
  • Represented Qualcomm challenging the Commission’s merger control decision relating to the installation and operation of a toll collect system on the German autobahn (Case T-48/04)
  • Represented Merck and Schering Plough in two cases involving marketing authorizations for medicinal products (Case T-273/03 and Case T-133/03)

Administrative Proceedings

  • Representing Ryanair in proceedings before the Office of Fair Trading, the UK Competition Appeals Tribunal, and the Court of Appeals regarding Ryanair’s minority stake in Aer Lingus
  • Several merger notifications with the German Federal Cartell office
  • Representing European industries, including the European Wheels Association, the European Steel Tubes Association and several European candle producers in several anti-dumping investigations concerning imports of products from China, all of which resulted in the imposition of anti-dumping duties
  • Advising a European manufacturer of industrial goods on WTO law aspects of certain legislation in China and persuading the Commission to threaten to initiate WTO dispute settlement proceedings, following which the Chinese authorities committed to change their internal legislation
  • Advising an international defense company on a defense procurement matter in Germany and representing it in a bid protest

Advisory

  • Advising a non-EU company on allegations of illegal subsidies and related market access restrictions
  • Advising several European and international companies on the enhanced trade sanctions adopted by the EU against, in particular, Iran, Libya and Syria
  • Advising several U.S. companies on EU and Member State export control laws, in particular with respect to dual use goods
  • Advised a candidate accession state on state aid issues concerning its shipbuilding industry in the context of the accession negotiations
  • Advising a producer of medical devices on rules of origin under the EU’s preferential trade agreements
  • Assisting the European Commission in a WTO dispute settlement case

Pro Bono

  • Representing Transparency International in a libel case before the Landgericht Berlin against former Yugoslav President Slobodan Milosevic
  • Representing the Association of Corporate Counsel Europe as intervener in a case concerning the scope of legal privilege for in-house counsel in EU cartel investigations (Case T-253/03)

Publications, Speeches and Presentations

Publications

  • “No Free Lunch,” The European Lawyer (April 2010), Author
  • “Administrative and Judicial Rights Under REACH and the CLP Regulations,” PLC Cross-border Life Sciences Handbook (2010/2011), Co-Author
  • “Being Prepared for Litigation Under REACH Processes,” Chemical Watch European Business Briefing (October 2009), Co-Author
  • “International Appeal,” The European Lawyer (March 2009), Author
  • “In-house, But Still Out of Doors,” The European Lawyer (November 2007), Author
  • “The European Courts,” Brussels Legal Yearbook (2007), Author
  • “Judicial Review in Competition Cases,” Competition (2005/2006), Co-Author
  • “Kartellrechtliche Schadenersatznsprüche nach der 7. GWB Novelle,” WuW (2005), Co-Author
  • “Über London nach Luxemburg - die absurden Umwege des Rechtsschutzes in der Gemeinschaft,” EuZW, Heft 3 (2005), Author
  • “The Rocky Road to Luxembourg,” The European Lawyer (October 2004)
  • “Privilege Imperiled: What Isn’t - and Is -Protected Under EU Law, and How to Avoid the Pitfalls,” ACC Docket 22, no. 6 (June 2004), Author
  • “EU Competition and Private Actions for Damages,” Northwestern Journal of International Law & Business (Spring 2004), Co-Author
  • “Golden Opportunity - Golden Shares,” RIW, Heft (2004), Author
  • “Shipping Case Sinks Before Commission,” The European Lawyer (November 2003), Co-Author
  • “Im Stahlstreit Mub Europa Nicht Auf Die WTO Warten,” FRANKFURTER ALLEMEINE ZEITUNG (3/20/2003), Co-Author
  • “WTO HANDBUCH - The leading German treatise on WTO law,” (2003), Co-Editor and Co-Author
  • “Golden Opportunity - Golden Shares,” In Brief (July/August 2002), Author
  • “Verfahrensrechtlicher und gerichtlicher Individualschutz im EG-Antidumpingrecht,” Schriftenreihe des Europa-Kollegs Hamburg, Carsten Nowak/Wolfram Creme (2002), Author
  • “ECJ refuses to abandon outdated jurisprudence,” The European Lawyer (2002), Author
  • “Klagen helfen Fusionskandidaten wenig,” FAZ, 22 (September 2001), Author
  • “Novellierung der Vergabeordnung (The new Regulation on Public Procurement in Germany),” Der Betrieb (2001), Co-Author
  • “Doppelmandate, Neutralitätsgebot und “böser Schein”,” WuW (2001), Co-Author
  • “e-commerce und WTO-Recht (e-commerce and WTO Law),” Kommunikation und Recht, Heft 11 (2001), Author
  • “The European Community’s Trade Barriers Regulation and the New Market Access Strategy,” EWS, Heft 10 (2001), Co-Author
  • “Anmerkung zum EuGH-Urteil vom 23.11.99, WTO-Recht im Gemeinschaftsrecht - (k)eine Kehrtwende des EuGH (Direct effect of WTO Law in the EU),” EWS (2000), Co-Author
  • “Anmerkung zu BGH, Beschluß vom 18.1.2000 - KVR 23/98 (Vorlage an das BverfG zur Rechtsmäßigkeit des Berliner Vergabegesetzes (“Tariftreueerklärung II”) (Order of the Federal Court in a public procurement law matter.),” ZiP (January 2000), Co-Author
  • “Die Handelshemmnis-Verordnung als Mittel zur Öffnung von Exportmärkten (The Trade Barriers Regulation as a Tool to open Export Markets),” Der Syndikus (November/December 1999), Co-Author
  • “Die neue Beihilfen-Verfahrensverordnung (The new State Aid Procedural Regulation),” Der Syndikus (July/Aug. 1999), Co-Author
  • “Anmerkung zu Brandenburgisches OLG, Beschluß vom 3.8.1999 - 6 Verg 1/99 (Annotation of a Judgment on Public Procurement Law),” Der Betrieb (1999), Author
  • “Die Handelshemmnis-Verordnung - Ein neues Mittel zur Öffnung von Exportmärkten (The Trade Barriers Regulation - A New Tool to Open Export Markets),” EuZW (1999), Co-Author
  • “Die neuesten Entwicklungen im europäischen Außenhandelsrecht - 1998/1999 (Recent Developments in EU Trade Law - 1998/1999),” EuZW (1998/1999), Co-Author
  • “Binding Origin Information,” International Trade Law & Regulation (1997), Author
  • “Europäische Union und Sport-Sponsoring,” SpuRT, Heft 5 (1997), Co-Author
  • “Die Rückforderung gemeinschaftsrechtlicher Subventionen (The Recovery of Illegal State Aid),” Schriftenreihe des Instituts für Landwirtschaftsrecht an der Universität Passau (Landwirtschaftsverlag GmbH, Münster-Hiltrup, Bd. 7) (1997), Co-Author
  • “Anmerkung zu Urteil vom 20.3.1997, Rs. C-24/95, Land Rheinland-Pfalz ./. Alcan Deutschland GmbH; betr. Rückforderung rechtswidriger staatlicher Beihilfen (Annotation of the judgment of the ECJ in Case C-24/95 - Recovery of Illegal State Aid),” EuR (1997), Author
  • “Neuerungen im Außenhandelsrecht der Gemeinschaft - Die Umsetzung der multilateralen Handelsabkommen der Uruguay-Runde (New Developments in Community Trade Law - The Implementation of the Multilateral Trade Agreements of the Uruguay Round),” Universität des Saarlandes, Europa-Institut, Sektion Rechtswissenschaft; Vorträge, Reden und Berichte aus dem Europa-Institut, Ausgabe Nr. 327 (1995), Author
  • “The Danube Dam Dispute under International Law,” Austrian Journal of Public and International Law (1994), Author
  • “Zum “Bananen”-Urteil des EuGH vom 5.10.1994 - Rs. C-280/93, Deutschland ./. Rat der Europäischen Union (Annotation of the first Banana judgment of the ECJ in Case C-280/93 - Germany vs. Council),” EuR (1994), Author
  • “Der völkerrechtliche Status der Europäischen Wirtschaftsgemeinschaft im GATT (The Status of the European Communities in GATT under Public International Law),” Verlag V. Florentz, München (1992), Author
  • “The Establishment of New Law through subsequent Practice in GATT,” North Carolina Journal of International Law & Commercial Regulation (1991), Author

Speeches and Presentations

  • “Standard of Review by the General Court: How to Maximise Your Chances of Getting a Proper Review,” Bringing and Defending Litigation Against EU Institutions (3/1/2012)
  • “Anti Dumping & Anti Subsidy – Trade Barriers for the Tire Industry,” 5th CEE Rubber & Tire Markets (10/21/2011)
  • “What Arguments Work in Luxembourg and What Arguments Don’t: Substantive Review,” EU Litigation 2011 (10/7/2011)
  • “Litigating before the ECHA Board of Appeal and before the EU Courts,” REACH in Practice Conference (3/24/2011)
  • “5 Hot Compliance Issues in 50 Sizzling Minutes” and “Litigating Before the BoA and the EU Courts – What Companies Need to Know,” REACH: Legal Implications & Supply Chain Strategies Conference 2011 (1/19/2011)