Geradin Partners’ Monthly EU Litigation Briefing – July/August 2026
Our latest Monthly EU Litigation Briefing reviews the key developments before the Court of Justice of the European Union and the General Court in July and August 2026, and looks ahead to the judgments and Opinions expected in September.
Key developments in July and August
In Google and Alphabet v Commission (C-738/22 P), the CJEU dismissed Google’s appeal in its entirety, bringing the Google Android proceedings to a close and leaving the EUR 4.125 billion fine in place. Among the key takeaways, the Court confirmed that the as-efficient-competitor test is not a mandatory requirement for establishing an abuse under Article 102 TFEU and that surrounding market conditions and lawful practices may be relevant when assessing the effects of allegedly abusive conduct.
In Apple v Commission (T-1079/23, T-1080/23 and T-214/24), the General Court dismissed all three actions brought by Apple. It confirmed that Apple’s five device-specific App Stores could be treated as a single core platform service under the DMA. Apple’s challenge to Article 6(7) DMA at designation stage was held inadmissible, while the Court found that the Commission’s classification of iMessage as a number-independent interpersonal communications service produced no binding legal effects and was not definitively established for the future.
In Groupama Asigurări (C-357/25), Advocate General Rantos considered that an unlawful information exchange need not involve detailed or individualised pricing information. However, where a competition case is based on parallel conduct, the authority must establish that concertation is the “only plausible explanation” for that conduct.
The period also brought a series of important sports-law judgments. In ROGON (C-428/23), the CJEU confirmed that sports federation rules affecting non-members may still fall within the Wouters/Meca-Medina framework. In FT and RRC Sports v FIFA (C-209/23), the Court considered the FIFA Football Agent Regulations, finding only two of the thirteen contested rules restrictive by object, while leaving much of the remaining assessment to the referring court. In FIGC and CONI (C-424/24 and C-425/24), the Court addressed disciplinary sanctions restricting professional activity and the conditions under which such restrictions may be justified.
In Imagens Médicas Integradas, Synlabhealth II and SIBS (C-258/23 to C-260/23), the CJEU clarified the fundamental-rights safeguards applicable to competition inspections, including the requirement for prior authorisation by a court or independent administrative body before searching personal devices belonging to employees or managers.
Finally, in Broadcom and VMware International v Commission (T-280/26 R), the President of the General Court dismissed most of the application for interim measures concerning the Commission’s request for information, including issues relating to in-house counsel communications and documents held outside the EU.
Looking ahead to September
September will bring several further developments.
On 2 September, the General Court delivered its judgment in Opera Norway v Commission (T-357/24), dismissing Opera’s challenge to the Commission’s decision not to designate Microsoft as a gatekeeper in relation to its web browser. We will cover the judgment in more detail in our next briefing.
On 3 September, the CJEU will deliver its judgment in Livronsa (C-60/25) concerning the consequences of the Euribor manipulation findings in national proceedings. Advocate General Kokott will also deliver her Opinion in Lurdos (C-285/25), addressing limitation periods, the temporal application of the Damages Directive and the extent to which lower courts remain bound by higher-court precedent that may be incompatible with EU law.
On 9 September, the General Court will rule in Booking Holdings v Commission (T-1139/23) on Booking’s challenge to the Commission’s prohibition of its acquisition of eTraveli Group.
On 10 September, the CJEU will give judgment in Jelgavas valstspilsētas pašvaldība (C-11/25) on whether a city council may qualify as an “undertaking” under Article 102 TFEU when awarding municipal waste-management services to a company it partly owns without a tender.
Also coming up
On 1 October 2026, our Helsinki office will host a seminar on cartel damages litigation in France, Germany and Finland, with Marc Barennes and Thomas Funke, moderated by Ilkka Aalto-Setälä.
Read the full July–August 2026 EU Litigation Briefing for our detailed case summaries and commentary from the Geradin Partners litigation team.
