Op-Ed: “Celebrating CILFIT While Changing Course, Albeit Slightly ...

Op-Ed: “Celebrating CILFIT while changing course, albeit slightly and subtly” by Jasper Krommendijk

Jasper Krommendijk

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The Grand Chamber of the Court of Justice decided not to revisit CILFIT (283/81) in its much awaited judgment in Consorzio Italian Management e Catania Multiservizi (C-561/19). It thus did not heed the fervent call of Advocate General (AG) Bobek for ‘a major paradigm shift’ and a change of the ‘utterly unfeasible’ CILFIT−criteria (see also this News Alert). The Court rather ‘reasserted’ CILFIT and recalled its previous case law.

At first sight it seems that the Court of Justice has completely ignored the Opinion of AG Bobek. A closer look at the judgment, nonetheless, reveals that the Court of Justice relaxed the requirements for the CILFIT assessment in two ways even though it left the exceptions as such untouched. The judgment i

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