Georg M. Berrisch

Dr. Georg Berrisch is a German Rechtsanwalt in our Brussels office. He has practiced in Brussels since 1991, and prior to joining Covington & Burling in 2001 served as the Managing Partner of the Brussels Office of a large German firm. Mr. Berrisch's practice concentrates on litigation before the Court of Justice and the General Court of the EU and the representation of clients in proceedings before the European Commission and national authorities.

Dr. Berrisch has represented public and private sector clients in more than 100 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 the whole spectrum of cases (e.g., direct actions for annulment, actions for damages, appeals against judgments of the General Court, and interim measures) as well as a broad range of subject matters (e.g., competition, merger control, state aid, anti-dumping and anti-subsidy, pharmaceuticals, air transport, agriculture, access to documents, passenger rights, EU constitutional law).

In addition to his litigation practice before the EU Courts, Dr. Berrisch represents clients in proceedings before the European Commission and national authorities. He has particular expertise in cases concerning the interplay of law, economics and politics such as trade defence proceedings, where he has successfully represented EU industries in several anti-dumping investigations concerning imports from China. Most recently, he represented the European Wheels Association to secure the imposition of anti-dumping duties on imports of aluminum road wheels from China. Dr Berrisch also has significant expertise in EU state aid and competition investigations.

Dr Berrisch also advises clients on wide range of EU law matters, notably external trade, including export control of Dual Use Goods and the operation economic sanctions against Iran and other countries. He is further active in assisting clients on issues arising in the World Trade Organization.

Representative Matters

· 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.

· Counsel to Ryanair in its appeal against the European Commission's decision to block its proposed acquisition of Ireland's national carrier, Aer Lingus and in ongoing proceedings before the Office of Fair Trading and the Competition Appeals Tribunal in the UK regarding Ryanair's minority stake in Aer Lingus.

· Representing 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.

· Representing the Council of the European Union in more than 80 anti-dumping and anti-subsidy cases before the Court of Justice and the General Court of the EU.

· Representing an intervener supporting Microsoft's challenge of the Commission's competition decision (Case T-201/04 and Case T-201/04 R).

· Advising several European and international companies on the enhanced trade sanctions adopted by the EU against Iran.

· Representing Merck and Schering Plough in two cases involving marketing authorizations for medicinal products (Case T-273/03 and Case T-133/03).

· 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.

· Representing clients in merger control notifications before the German Bundeskartellamt and the European Commission.

· Advising a client on a defense procurement matter in Germany and representing it in a bid protest.

· Representing the European Low Fares Airlines Association in its challenge of the new EU Regulation on passenger rights (Case C 344/04).

· Representing 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).

· 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.

· Advising a tobacco company on tobacco product and advertisement regulations in several European countries.

· Advising several US companies on EU and Member State export control laws, in particular with respect to dual use goods.

· Representing a manufacturer in a Commission investigation under the EU's machinery directive.

· Advising a US company on market access issues in India under the GATS and the WTO Basic Telecommunications Agreement.

Honors and Rankings

· PLC Which Lawyer?, Life Sciences - Competition/Anti-Trust, EU (2012)

· PLC as a leading practitioner in the field of EU Competition (2008-2010).

· Legal 500 EMEA as a leading practitioner in the fields of Competition and Customs, Trade, WTO, and Anti-dumping - Belgium (2010-2011).

· Legal Experts UK (2010)

· Chambers Europe as a leading practitioner in the field of Competition/European Law (2011).

· Chambers Europe as a leading practitioner in the field of WTO/International Trade and Competition/European Law (2008-2011).

· Chambers Global as a leading practitioner in the field of Competition/European Law (Belgium), International Trade/WTO (Belgium) and International Trade/WTO (Europe-wide) (2009-2012).

· JUVE, Customs & Trade, Leading WTO Lawyer (2008-2010)

· JUVE, Customs & Trade, Leading EU Market Regulations Lawyer (2010)

· Who's Who Legal, Trade & Customs, Recommended (2008-2010)

· Best Lawyers (Belgium)

· The World's Leading International Trade Lawyers (2010)

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).

Memberships and Affiliations

· 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)

Publications and Speeches

· Publishes numerous articles in German and English and lectures regularly on European Community and trade law matters.

Publications

· "EU Imposes Further Economic Sanctions Against Libya," Covington E-Alert (3/28/2011), Co-Author

· "EU-Imposes Economic Sanctions Against Libya: US Suspends Licenses for Exports To Libya," EuroWatch (3/15/2011), Co-Author

· "EU Imposes Additional Economic Sanctions Against Libya," Covington E-Alert (3/11/2011), Co-Author

· "EU Imposes Economic Sanctions Against Libya," Covington E-Alert (3/4/2011), Co-Author

· "Reform of the EU 'Comitology' Procedure," Covington E-Alert (2/24/2011), Co-Author

· "Collective Redress - EU-style Class Actions One Step Closer?," Covington E-Alert (2/10/2011), Co-Author

· "EU Commission Communication on the Future of EU Trade Policy," Covington E-Alert (12/2/2010), Co-Author

· "EU Final Regulation Imposes Heightened Trade Sanctions Against Iran," Covington E-Alert (10/28/2010), Co-Author

· "The AKZO Judgment of the Court of Justice Confirms the Scope of Legal Professional Privilege in EU Competition Investigations," Covington E-Alert (9/15/2010), Co-Author

· "EU-Imposes Heightened Sanctions Against Iran," Eurowatch (8/15/2010), Co-Author

· "EU Imposes Heightened Sanctions Against Iran," Covington E-Alert (7/28/2010), Co-Author

· "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

· "New Opportunities For Private Litigants to Challenge EU Legislation Under The Lisbon Treaty - Is The Door to the Union Courts Wide Open?," Covington Advisory (12/2/2009), Co-Author

· "Being Prepared for Litigation Under REACH Processes," Chemical Watch European Business Briefing (October 2009), Co-Author

· "Making Use of EU Trade Defence Instruments - How Covington & Burling Can Assist European Producers To Obtain Protection Against Unfair Imports," Covington Report (August 2009), Co-Author

· "Protection Against Unfair Imports: How European Industries Can Obtain Relief From Brussels," Covington Report (August 2009), Co-Author

· "International Appeal," The European Lawyer (March 2009), Author

· "Twelve Principles For Successful Litigation Against Administrative Acts Of The EU," Covington Report (November 2008), 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

· "e-commerce und WTO-Recht (e-commerce and WTO Law)," Kommunikation und Recht, Heft 11 (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

· "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, Beschluβ vom 18.1.2000 - KVR 23/98 (Vorlage an das BverfG zur Rechtsmäβigkeit 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, Beschluβ 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 Auβenhandelsrecht - 1998/1999 (Recent Developments in EU Trade Law - 1998/1999)," EuZW (1998/1999), 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

· "Europäische Union und Sport-Sponsoring," SpuRT, Heft 5 (1997), Co-Author

· "Binding Origin Information," International Trade Law & Regulation (1997), 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 Auβenhandelsrecht 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

· "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

· "The Danube Dam Dispute under International Law," Austrian Journal of Public and International Law (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

Presentations and Speeches

· "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)