Carsten Zatschler SC

B.A., M.A. (Cantab.), Maitrise en droit (Paris II), LL.M. Humboldt-Universität zu Berlin, AMP INSEAD

Adjunct Full Professor, Sutherland School of Law, University College Dublin

Member of the Board of Appeal of the European Supervisory Authorities (EBA, EIOPA and ESMA) appointed by the European Banking Authority.

Governing Bencher, Honourable Society of the Inner Temple.

Former Member of the Supervisory Committee of the European Anti-Fraud Office (OLAF) and former Director of Legal and Executive Affairs at the EFTA Surveillance Authority.

Carsten is instructed by solicitors and in-house counsel on a wide number of contentious and advisory matters. He specialises in European Union Law and International Trade and Investment Law. His practice covers all aspects of regulatory and competition law, including financial services, tax, AML, energy, public procurement, environment, chemicals, communications and data protection. He moreover has comprehensive knowledge of EU institutional law, including internal governance, the legislative process and access to documents.

Carsten has recently advised extensively in relation to the EU regulatory framework for gas transmission and the hydrogen and decarbonised gas market package, as well as regarding fuel price regulation.

He is also regularly engaged in relation to EU sanctions, in particular under Regulations 269/2014 and 833/2014, both at national and EU level.

Carsten is currently representing the four main European associations of judges in a challenge to the Council Implementing Decision on the approval of the assessment of the recovery and resilience plan for Poland, foreseeing € 36 billion of payments: Joined Cases T-530 to 533/22 Medel v Council and T-116/23 Medel v Commission.

Carsten has litigated over 100 cases in the Court of Justice of the EU, the General Court of the EU and the EFTA Court. Cases include the following:

State aid: E-1/17 Konkurrenten.no AS v EFTA Surveillance Authority; T-892/16 Apple Sales International and Apple Operations Europe v Commission; E-12/16 Marine Harvest ASA v EFTA Surveillance Authority; E-7/16 Míla ehf. v EFTA Surveillance Authority; C-656/15 P Commission v TV2/Danmark; E-1/16 Synnøve Finden AS v Staten; E-4/15 Icelandic Financial Services Association v EFTA Surveillance Authority;

Free movement of workers and employment law: C-328/20 Commission v Austria; E-17/20 Zvonimir Cogelja v The Directorate of Health; E-16/20 Q and others v The Norwegian Government, represented by The Immigration Appeals Board; E-15/20 Criminal Proceedings Against P; E-8/20 Criminal Proceedings against N; E-19/16 Torbjørn Selstad Thue and the Norwegian Police Federation v Norway; C-566/15 Erzberger; E-28/15 Yankuba Jabbi v The Norwegian Government;

Freedom to provide services, including public procurement: E-8/19 Scanteam AS v The Norwegian Government; C-197/17 Telecom Italia; E-8/17 Henrik Kristoffersen v Norwegian Ski Federation; E-4/17 EFTA Surveillance Authority v Norway (Kristiansand parking); E-16/16 Fosen-Linjen AS v AtB AS; C-320/16 Uber France; E-6/16 Fjarskipti hf. v Póst- og fjarskiptastofnun; E-14/15 Holship Norge AS v Norsk Transportarbeiderforbund;

Financial services: E-14/20 Liti-Link AG v LGT Bank AG; E-10/20 ADCADA Immobilien AG PCC in Konkurs v Finanzmarktaufsicht; E-2/18 C v Concordia Schweizerische Kranken- und Unfallversicherung AG; E-9/17 Edmund Falkenhahn AG v Liechtenstein Financial Market Authority; E-21/16 Pascal Nobile v DAS Rechtsschutz-Versicherungs AG; C-15/16 Baumeister; E-11/16 Mobil Betriebskrankenkasse v Tryg Forsikring; E-2/16 Gerhard Spitzer v EFTA Surveillance Authority; Joined Cases E-26/15 and E-27/15 Criminal Proceedings against B and B v Finanzmarktaufsicht (FMA); Joined Cases E-15/15 and E-16/15 Franz-Josef Hagedorn v Vienna-Life Lebensversicherung AG and Rainer Armbruster v Swiss Life (Liechtenstein) AG;
Freedom of establishment, free movement of capital and tax: E-15/16 Yara International ASA; E-8/16 Netfonds Holding ASA; C-646/15 Trustees of the P Panayi Accumulation & Maintenance Settlements; C-434/15 Asociación Profesional Elite Taxi; C-201/15 AGET Iraklis;

Free movement of goods including technical regulations and REACH: Joined Cases E-2/17 and E-3/17 EFTA Surveillance Authority v Iceland (Fresh meat ban); E-9/16 EFTA Surveillance Authority v Norway (PFOA); C-672/15 Noria Distribution; E-17/15 Ferskar kjötvörur ehf. v the Icelandic State;

Intellectual Property: E-5/16 Norwegian Board of Appeal for Industrial Property Rights – Oslo municipality; E-5/17 Merck Sharp & Dohme Corp. v Icelandic Patent Office;

Competition: E-12/20 Telenor ASA and Telenor Norge AS v EFTA Surveillance Authority; C-228/18 Budapest Bank; C-617/17 Powszechny Zakład Ubezpieczeń na Życie; T-612/17 Google and Alphabet v Commission; E-10/17 Nye Kystlink AS v Color Group AS and Color Line AS; E-6/17 Fjarskipti hf. v Síminn hf.; E-3/16 Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v Staten; E-29/15 Sorpa bs. v Competition Authority; Telenor v Norwegian Competition Authority (Norwegian Competition Appeals Board); Icelandic Competition Authority v Byko ehf (District Court of Reykjavik and Court of Appeal of Iceland);

Fundamental rights, Rule of law: C-897/19 PPU Ruska Federacija v I.N.; C-585/18, C-624/18 and C-625/18 Krajowa Rada Sadownictwa; C-558/18 and C-563/18 Miasto Łowicz; C-522/18 D.S.; Konkurrenten.no AS v Norway (ECtHR Application 47341/15).

Author of various articles on EU and EEA Law, most recently a chapter entitled “Priority” regarding the prioritisation of enforcement of EU/EEA Law in C. Baudenbacher (Ed.): The Fundamental Principles of EEA Law, Springer 2017; co-author of a book on EFTA and the EEA, Wolters Kluwer 2018. Judicial Enforcement of EEA Law; in The EU and the Rule of Law in International Economic Relations Edward Elgar, 2021. The chapter on Free movement of capital and payments in the Research Handbook on EEA Internal Market Law, Edward Elgar, forthcoming in 2024.

Regular speaker at conferences organised by various professional bodies, covering mainly economic law, fundamental rights and legal remedies. At the invitation of the European Judicial Training Network (EJTN), the European Academy of Law (ERA), the European Institute of Public Administration (EIPA) and the European Commission (TAIEX Programme), I have on numerous occasions held seminars for members of national judiciaries as well as national civil services on aspects of EU law and policy and participated in training initiatives as an instructor. Long-standing involvement in advocacy and procedural law teaching through Moot Courts, in particular the Central and Eastern European Moot Court Competition (CEEMC), but also the ELMC, Wilhelm Vis and Jessup.