Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher

Positions

  • Senior Partner
  • Door Tenant with Monckton Chambers, London
  • Visiting Professor London School of Economics
  • Not registered with the Bar

Languages

  • German: native
  • English: near native level
  • Italian: near native level
  • French: fluent
  • Spanish: proficient
Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher

Prof. Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher

Carl Baudenbacher is an internationally renowned expert on European, Swiss and international business law. From 1995 to April 2018, he served as a Judge of the EFTA Court, from 2003 to 2017, as the Court’s President. Between 1987 and 2013, Carl held the Chair of Private, Commercial, and Economic Law at the University of St. Gallen HSG. He leverages a unique global network. Neue Zürcher Zeitung called him “Carl the Great”. The Norwegian business paper Dagens Næringsliv referred to him as “King Carl of the EEA”.

Carl has been advising private clients as well as governments and international organisations on EU law, EEA law, economic human rights law, and Swiss business law.

Carl has published over 40 books and some 300 articles on Swiss, European, and international contract law, labour law, law of unfair competition, public procurement law, competition law, company law, intellectual property law, comparative law, arbitration, and the law of international courts.

Experience

EU and EEA business law; European economic human rights law

Carl has advised clients across multiple industries on a variety of legal areas, most notably:

  • An EU entrepreneur on issues of free movement of persons and capital under EU-Switzerland relations law;
  • An EU company on economic human rights issues in tax law proceedings;
  • A global financial institution on issues of EU-Switzerland relations law and EU law;
  • An international law firm on the compatibility of citizenship investment programs with EU law;
  • The government of a European State on matters of primacy of European law;
  • Kindred Group London on the compatibility of Norwegian gambling legislation and case law with EEA and EU law;
  • A European monarch on the scope of the sovereign immunity defence;
  • Sir James Arthur Ratcliffe, chairman and CEO of INEOS, on the compatibility of planned voting rights restrictions in Icelandic fishing companies with EEA law;
  • Sir James Arthur Ratcliffe, chairman and CEO of INEOS, on the compatibility of planned legislation restricting the acquisition of agricultural land in Iceland;
  • The Ministry of Foreign Affairs of Iceland on the incorporation of the Third EU Energy Package into the EEA;
  • A law firm on the European law framework conditions of the takeover of a national stock exchange by a competitor;
  • A pharmaceutical retailer specialised in online distribution on economic human rights;
  • An Icelandic producer of ferrosilicon on the applicability of the “Euro Competition Law Defense” in the context of a price adjustment in an electricity supply contract;
  • An Austrian bank concerning the lawfulness of the Croatian Act on Nullity of Loan Agreements with International Character under EU Law;
  • A global law firm on its litigation strategy in a case on the application of EU State aid rules to taxation;
  • A global law firm on its litigation strategy in an EU telecom merger appeal.

Arbitration

Carl has acted in a number of arbitration proceedings. Notable examples include:

  • Acting as chairman of a three-member arbitration tribunal over a price adjustment dispute concerning a gas supply contract in Germany;
  • Providing a legal opinion and acting as an expert witness in arbitration over a take-or-pay dispute under a long-term gas supply contract between a Russian supplier and a Czech customer;
  • Providing a legal opinion and acting as an expert witness in arbitration in a dispute over the termination of a nuclear technology joint venture between a French and a German energy company;
  • Providing several legal opinions and acting as an expert witness in arbitration over a price adjustment dispute concerning an electricity supply contract in Iceland.

Advising Governments and international organisations

Carl regularly acts as an expert for various national and regional governments, including Switzerland, the Russian Federation, the Principality of Liechtenstein, Iceland, the United Kingdom, Ireland, Northern Ireland, Wales, Scotland, Israel, Chile, Morocco, as well as the Andean Community. Most notably, he has advised:

  • The Foreign Committee of the Swiss National Council on questions concerning Switzerland-EU relations law;
  • The Economic and Taxation Committee of the Swiss National Council (WAK) on Switzerland-EU relations law;
  • The UK House of Lords’ EU Justice Sub-Committee on EU-UK relations law;
  • The UK House of Commons’ Exiting the European Union Committee on EU-UK relations law;
  • The Government of the Republic of Austria as a Member of the Independent Commission of Inquiry for the Investigation of the Events Surrounding the Hypo Group Alpe-Adria (“Griss Commission”);
  • OECD on competition policy;
  • UNCTAD on State aid policy.

Adjudication

Carl has presided over 234 EFTA Court cases and was the Judge Rapporteur in many of the Court’s landmark decisions. Notable rulings include:

  • E-2/97, Maglite, regarding the international exhaustion of trademark rights;
  • E-3/02, Paranova v Merck, concerning a repackager of pharmaceuticals adding his own design;
  • E-1/04, Fokus Bank, relating to the taxation of outbound dividends;
  • E-1/10, Periscopus, on the adjustment of a bid price under the EU-Takeover Bid Directive;
  • E-15/10, Norway Post, on the scope of judicial review of fining decisions by competition authorities;
  • E-16/11, Icesave I, regarding the liability of the State for deposits in foreign branches of a domestic bank in a systemic crisis;
  • E-27/13, Gunnarsson, and E-25/13, Engilbertsson, relating to the legality of the indexation of mortgage loans;
  • E-14/15, Holship, on the relationship between collective bargaining and industrial action vs competition law and fundamental freedoms;
  • E-29/15, Sorpa, on whether a municipal body is capable of abusing a dominant position;
  • E-3/16, Ski Taxi, on the competition law implications of joint bidding and the notion of restriction of competition by object;
  • E-5/16, Vigeland, on the lawfulness of trademark registration of a work of art after the expiry of copyright protection;
  • E-16/16, Fosen-Linjen, on whether a simple breach of EEA public procurement law is sufficient to trigger a liability of the contracting authority.

Restoring the Balance in the European Economic Area

2021.

The Handbook of EEA Law

Springer 2016.

Kommentar zu den Artikeln 552-556, 594-597, 620-625, 772-775, 828-831 des Obligationenrechts

in: Heinrich Honsell et al. (eds.), Obligationenrecht, Kommentar zum Schweizerischen Privatrecht, Vol. II, Basel/Geneva/Munich: Helbing & Lichtenhahn 2016.

Verfahren vor den Europäischen Gerichten in Wettbewerbs- und Beihilfesachen

in: Franz Jürgen Säcker et al. (eds.), Münchener Kommentar zum Europäischen und Deutschen Wettbewerbsrecht, Vol. 1: Europäisches Wettbewerbsrecht, 3rd ed., Munich 2020 (with Moritz am Ende and Theresa Haas).

Einheitliche Haftungsstandards für den privaten und den öffentlichen Sektor – Lehren aus dem Fall Hypo Alpe Adria

Zeitschrift für Finanzmarktrecht, 12/2016.

Towards general standards concerning the independence and impartiality of arbitrators

in: Christian Cascante/Andreas Spahlinger/Stephan Wilske (eds.), Global wisdom on business transactions, international law and dispute resolution, Festschrift in honor of Gerhard Wegen for his 65th birthday, 20 April, 2015, 575-591.

The Fundamental Principles of EEA Law. EEA-ities

Springer 2017.

Rechtsvergleichende Überlegungen zur Business Judgment Rule

Schweizer Zeitschrift für Wirtschafts- und Finanzmarktrecht, 01/2016 (with Lisa Schwarz).

“Law – Made in Germany” – Has it paid off?

in: Werner F. Ebke/Dirk Olzen/Otto Sandrock (eds.), Festschrift in honor of Siegfried H. Elsing for his 65th birthday, 2015, 731-743.

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B. Professor Dr. iur. Dr. rer. pol. h.c. Carl Baudenbacher

Carl Baudenbacher has served as a Full Professor at the University of St. Gallen (HSG), a Permanent Visiting Professor at the University of Texas at Austin, a Visiting Professor at the Universities of Geneva and of Iceland, an acting professor at several German universities (inter alia Free University of Berlin and Tübingen), and as an associate professor at the University of Kaiserslautern. He is currently a visiting professor at the London School of Economics.

Carl is a much sought-after speaker at events all over the world. He is regularly booked for corporate events and meetings of associations, political parties, and other organisations.

He is also invited to speak on a regular basis at prestigious European, American, Asian, and Latin American universities, including Basel, Berne, Bucerius, Cambridge, City University London, Cardiff, Cologne, Edinburgh, Fudan in Shanghai, Geneva, Harvard, Jagiellonian University Kraków, King’s College London, Kyoto, Oxford, Pontificia Universidad Católica del Perú-PUCP, Princeton, St. Mary’s University College Belfast, Trinity College Dublin, Tokyo, Tulane, Universidad Andina Simón Bolívar, Universidad Nacional Autónoma de México-UNAM, University of Texas at Austin, University of Tokyo, Vienna, Waseda in Tokyo, and Zurich.

Contact

Dreikönigstrasse 31A
8002 Zürich

LinkedIn Icon Phone Icon +41 79 800 6492 Mail Icon carl.baudenbacher@baudenbacher-law.com