Dr. Georg M. Berrisch

Partner

georg.berrisch@bakerbotts.com

Brussels

P: +32.2.891.7340 F: +32.2.891.7400
Georg Berrisch Photo

"Strategic thinker who is very experienced before the European courts."

Chambers Global 2015

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.

Related Experience

Litigation

  • Ryanair in several cases before the General Court of the EU challenging state aid decisions by the Commission concerning Ryanair’s relationships with several regional airports
  • Amazon in a reference case before the Court of Justice regarding choice of law clauses in Amazon’s general terms and conditions
  • Ryanair in its appeals against the European Commission’s 2007 and 2013 decision to block its proposed acquisition of Ireland’s national carrier, Aer Lingus 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
  • 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
  • Several European steel pipe producers in an anti-dumping suit against the European Commission before the General Court of the EU
  • 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
  • Samsung SDI in its appeal against the Commission’s CRT cartel decision
  • Ryanair before the Court of Justice in a reference case from the OLG Koblenz concerning the effect of decisions opening formal state aid investigations on private enforcement proceedings before national courts
  • Ryanair in private state aid litigation before the German Supreme Court and before the OLK Koblenz
  • 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
  • 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
  • HP before the Court of Justice in a reference case from the German Supreme Court concerning copyright levies on printers and computers
  • 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
  • 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
  • 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
  • The European Low Fares Airlines Association in its challenge of the new EU Regulation on passenger rights
  • Qualcomm challenging the Commission’s merger control decision relating to the installation and operation of a toll collect system on the German autobahn
  • Merck and Schering Plough in two cases involving marketing authorizations for medicinal

Administrative Proceedings

  • Halliburton in the EU merger control investigation regarding its planned acquisition of Baker Hughes
  • The International Air Transport Association (IATA) as complainant in the European Commission’s investigation into anticompetitive practices in the aircraft engines and components after market
  • 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
  • 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
  • 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
  • An international defense company on a defense procurement matter in Germany and representing it in a bid protest

Advisory

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

Pro Bono

  • Transparency International in a libel case before the Landgericht Berlin against former Yugoslav President Slobodan Milosevic
  • 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

Awards & Community

Listed in Who's Who Legal: Trade & Customs, 2008-2017

Listed in Who's Who Legal: Competition, 2008-2016

Chambers Europe as a leading practitioner in the field of WTO/International Trade and Competition/European Law, 2008-2017

Chambers Global as a leading practitioner in the field of Competition/European Law (Belgium), International Trade/WTO (Belgium) and International Trade/WTO Europe-wide, 2009-2017

The Legal 500 EMEA as a Leading Practitioner in the fields of Competition and Customs, Trade, WTO, and Anti-dumping - Belgium, 2010-2016

JUVE, Customs & Trade, Leading WTO Lawyer, 2008-2013

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

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 World's Leading International Trade Lawyers, 2010

Legal Experts UK, 2010

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