Gerry Facenna

picture of Gerry Facenna

07971 023598

Areas of interest
Commercial
Environmental law
European and Competition
Licensing
Planning
Public Law
Tax & Pensions

Year of Call
2006

Summary of Practice

Gerry specialises in European and competition law, administrative law and human rights, environmental law, VAT and direct tax, and information law / data protection.

He practises mainly from London, focussing on European law, including competition law, State aid, public procurement, fundamental rights, free movement and environmental law.  He has appeared in the domestic courts at all levels in England and Wales, as well as in the European Court of First Instance, European Court of Justice, and the European Court of Human Rights in Strasbourg.  He has acted both for and against the OFT in competition investigations and has appeared in the UK Competition Appeal Tribunal.

He has expertise in VAT and direct tax, advising taxpayers and acting for HMRC in a number of cases in the VAT Tribunal and before the Special Commissioners. He is acting for the Revenue in the Advance Corporation Tax group litigation.

He is mentioned in the ‘Environmental Law’ section of the Legal 500 2006 and 2007 editions and regularly advises environmental NGOs, campaigning groups and others on all aspects of EC environmental law, waste management, pollution control and climate change matters.

Cases, trials, inquiries

Sempra Metals Ltd. v. HMRC [2007] UKHL 34

Ofcom and T-Mobile Ltd. v. Information Commissioner [2007] UKIT EA/2006/0078

R (Eisai) v. NICE and the Alzheimer’s Society [2007] EWHC 1941

R (Anti-Waste) v. Environment Agency [2007] EWHC 717

Ofcom and OFT v. Floe Telecom [2006] EWCA Civ 768

Publications

EU Competition Law: Procedure and Remedies (Richmond Tax and Law, 2006)

Eugen Schmidberger Internationale Transporte Planzuge v. Austria: freedom of expression and assembly vs. free movement of goods [2004] EHRLR, 1, 73

Contributing author, Law of the European Union Encyclopaedia, Vaughan & Robertson (Eds.) (Richmond, 2003)

'State Aid and Environmental Protection' in The Law of State Aid in the European Union (Biondi, Eeckhout & Flynn (Eds.)); OUP, 2003

Restructuring UK Competition Courts and Tribunals [2002] Comp. LJ, 1, 56

Appointments

Attorney-General's 'C' Panel of Junior Counsel to the Crown, 2006-