Auf dem Weg zu einer europäischen Sammelklage?

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Publisher : sellier. european law publ.
ISBN 13 : 3866531125
Total Pages : 328 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Auf dem Weg zu einer europäischen Sammelklage? by : Matthias Casper

Download or read book Auf dem Weg zu einer europäischen Sammelklage? written by Matthias Casper and published by sellier. european law publ.. This book was released on 2009 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Droht Europa eine Sammelklageindustrie US-amerikanischen Zuschnitts, die die Unternehmen zu teilweisen extrem hohen Schadensersatzleistungen zwingt? Die Europäische Kommission denkt jedenfalls sowohl im Kartell- als auch im Verbraucherschutz über die Einführung von Sammelklagen nach. Doch wie lassen sich Sammelklagen auf europäischer Ebene durchsetzen? Zu diesem Problemfeld lud das Centrum für Europäisches Privatrecht in Münster im Januar 2009 zu einer Tagung ein. Der vorliegende Band versammelt die Ergebnisse dieser Tagung, stellt die Lösungsansätze vor und informiert in den Erfahrungsberichten aus verschiedenen europäischen Ländern wie etwa England, Frankreich und den Niederlanden über den Status quo im Hinblick auf kollektivrechtliche Elemente in den jeweiligen Rechtsordnungen. (Quelle: Text Verlagseinband / Verlag).

The European Unfair Commercial Practices Directive

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Author :
Publisher : Routledge
ISBN 13 : 1317033159
Total Pages : 302 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The European Unfair Commercial Practices Directive by : Willem van Boom

Download or read book The European Unfair Commercial Practices Directive written by Willem van Boom and published by Routledge. This book was released on 2016-02-11 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

The Law and Economics of Enforcing European Consumer Law

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Publisher : Routledge
ISBN 13 : 1317026144
Total Pages : 336 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Law and Economics of Enforcing European Consumer Law by : Franziska Weber

Download or read book The Law and Economics of Enforcing European Consumer Law written by Franziska Weber and published by Routledge. This book was released on 2016-03-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the internet age, the need for effective consumer law enforcement has arguably never been greater. This timely book is a comparative law and economic analysis of the changing landscape of EU consumer law enforcement policy. EU member states are moving away from purely public or private law enforcement and now appear to be moving towards a more mixed approach, not least due to European legislation. This book reflects on the need for and creation of efficient enforcement designs. It examines the various economic factors according to which the efficiency of different enforcement mechanisms can be assessed. Hypothetical case scenarios within package travel and misleading advertising, dealing with substantial individual harm and trifling and widespread harm are used to illustrate various consumer law problems. Design suggestions on how to optimally mix enforcement mechanisms for these case scenarios are developed. The findings are then used as a benchmark to assess real life situations in countries with different enforcement traditions - the Netherlands, Sweden and England. The book is of value to both researchers and policy-makers working in the area of consumer protection.

European Consumer Access to Justice Revisited

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Publisher : Cambridge University Press
ISBN 13 : 1107072379
Total Pages : 419 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Consumer Access to Justice Revisited by : Stefan Wrbka

Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2015 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?

Cross-Border EU Competition Law Actions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251596
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Cross-Border EU Competition Law Actions by : Mihail Danov

Download or read book Cross-Border EU Competition Law Actions written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2013-06-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Collective Actions

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Publisher : Cambridge University Press
ISBN 13 : 1107021545
Total Pages : 457 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Collective Actions by : Stefan Wrbka

Download or read book Collective Actions written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2012-04-30 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.

International Antitrust Litigation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847318878
Total Pages : 520 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Antitrust Litigation by : Jurgen Basedow

Download or read book International Antitrust Litigation written by Jurgen Basedow and published by Bloomsbury Publishing. This book was released on 2012-02-03 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decentralisation of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to co-ordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition as well as rules on sharing of evidence, the protection of business secrets and the interplay between administrative and judicial procedures. This book offers an in-depth analysis of these long neglected yet practically most important topics. It is the fruit of a research project funded by the European Commission, which brought together experts from academia, private practice and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and II Regulations, the co-operation mechanisms provided for by Regulation 1/2003 and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyses the existing legislative framework and formulates specific proposals to consolidate and enhance cross-border antitrust litigation in Europe and beyond.

European Consumer Protection

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Publisher : Cambridge University Press
ISBN 13 : 1107378842
Total Pages : 475 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis European Consumer Protection by : James Devenney

Download or read book European Consumer Protection written by James Devenney and published by Cambridge University Press. This book was released on 2012-04-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the theory and practice of European consumer protection in the context of consolidation initiatives seen, inter alia, in the revision of the Consumer Acquis, the Draft Common Frame of Reference and the proposal for an EU Consumer Rights Directive. The issues addressed are all the more significant given the revisions to the proposed Directive, the appointment of an 'Expert Group on a Common Frame of Reference' and the Commission's 2010 Green Paper on progress towards a European Contract Law. The contributions to this volume point to the arrival of a contested moment in EU consumer protection, questioning the arrival of the 'empowered' consumer and uncovering the fault lines between consumer protection and other goals. What emerges is a model of poly-contextual EU consumer protection law, a model that challenges the assumptions in both the 2010 Green Paper and the revised proposed Consumer Rights Directive.

European Competition Law Annual 2011

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253785
Total Pages : 640 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis European Competition Law Annual 2011 by : Philip Lowe

Download or read book European Competition Law Annual 2011 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 16th Annual EU Competition Law and Policy Workshop, held at the European University Institute on 17-18 June 2011. This edition of the Workshop examined the emerging and increasingly important use of private rights of action before national courts, and the prospects for legislation and soft law initiatives at the level of the EU. The book has been updated and reflects the European Commission's private enforcement package of June 2013. Furthermore, the experiences of various national jurisdictions are discussed, both within Europe and in the US and Canada. As a whole, the volume explores how public and private enforcement might function harmoniously, as an 'integrated' system, to promote the public interest while ensuring that individual rights created in this field by the EU competition rules are vindicated. The contributors have, however, devoted significant analysis to the tensions between those two modes of enforcement. Authors contributing to this book include: Enno Ahlenstiel Donald Baker Jochen Burrichter Horst Butz Scott Campbell Brian Facey Tristan Feunteun Ian Forrester Andrew Foster Andrew Gavil Barry Hawk James Keyte Assimakis Komninos Bruno Lasserre Frédéric Louis Mel Marquis Veljko Milutinovic Luis Silva Morais Tom Ottervanger Silvia Pietrini Mark Powell John Ratliff J Thomas Rosch David Rosner Mario Siragusa James Venit

Private Enforcement of European Competition and State Aid Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350210X
Total Pages : 421 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Private Enforcement of European Competition and State Aid Law by : Ferdinand Wollenschläger

Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.

Jurisdiction and Cross-Border Collective Redress

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509930302
Total Pages : 283 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

The Routledge Handbook of Justice and Home Affairs Research

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Publisher : Routledge
ISBN 13 : 1317292561
Total Pages : 921 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Routledge Handbook of Justice and Home Affairs Research by : Ariadna Ripoll Servent

Download or read book The Routledge Handbook of Justice and Home Affairs Research written by Ariadna Ripoll Servent and published by Routledge. This book was released on 2017-11-22 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.

The Private-Public Law Divide in International Dispute Resolution

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Publisher : BRILL
ISBN 13 : 9004384901
Total Pages : 336 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Private-Public Law Divide in International Dispute Resolution by : Burkhard Hess

Download or read book The Private-Public Law Divide in International Dispute Resolution written by Burkhard Hess and published by BRILL. This book was released on 2018-08-21 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

Mass Torts in Europe

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110386518
Total Pages : 282 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis Mass Torts in Europe by : Willem H. van Boom

Download or read book Mass Torts in Europe written by Willem H. van Boom and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-10-14 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.

Extraterritoriality and Collective Redress

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Publisher : OUP Oxford
ISBN 13 : 0191636622
Total Pages : 491 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Extraterritoriality and Collective Redress by : Duncan Fairgrieve

Download or read book Extraterritoriality and Collective Redress written by Duncan Fairgrieve and published by OUP Oxford. This book was released on 2012-09-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.

The Cambridge Handbook of Lawyering in the Digital Age

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Publisher : Cambridge University Press
ISBN 13 : 1108936199
Total Pages : 650 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Lawyering in the Digital Age by : Larry A. DiMatteo

Download or read book The Cambridge Handbook of Lawyering in the Digital Age written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2021-11-25 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increasing digitalization and the evolution of artificial intelligence, the legal profession is on the verge of being transformed by technology (legal tech). This handbook examines these developments and the changing legal landscape by providing perspectives from multiple interested parties, including practitioners, academics, and legal tech companies from different legal systems. Scrutinizing the real implications posed by legal tech, the book advocates for an unbiased, cautious approach for the engagement of technology in legal practice. It also carefully addresses the core question of how to balance fears of industry takeover by technology with the potential for using legal tech to expand services and create value for clients. Together, the chapters develop a framework for analyzing the costs and benefits of new technologies before they are implemented in legal practice. This interdisciplinary collection features contributions from lawyers, social scientists, institutional officials, technologists, and current developers of e-law platforms and services.

The Cambridge Handbook of Class Actions

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Publisher : Cambridge University Press
ISBN 13 : 1108801587
Total Pages : pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis The Cambridge Handbook of Class Actions by : Brian T. Fitzpatrick

Download or read book The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by Cambridge University Press. This book was released on 2021-02-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.