Towards An Eu Law Of Damages

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Private Enforcement of European Competition and State Aid Law

Author : Ferdinand Wollenschläger
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350210X
Total Pages : 439 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 439 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.

Competition Damages Actions in the EU

Author : David Ashton
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430746
Total Pages : 498 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Competition Damages Actions in the EU by : David Ashton

Download or read book Competition Damages Actions in the EU written by David Ashton and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and much expanded second edition David Ashton provides a comprehensive review of the EU damages directive (Directive 2014/104/EU) and its implementation, bringing the book up to date with the latest advances in EU Competition Law damages actions. This edition also features insights from practising lawyers on national developments in over 10 countries across Europe and an updated, separately authored, chapter on the quantification of loss. This book will provide practising lawyers and scholars alike with a clear, well-structured and updated guide to EU Competition Law Damages.

Private Enforcement of EU Competition Law

Author : Pier Luigi Parcu
Publisher : Edward Elgar Publishing
ISBN 13 : 178643881X
Total Pages : 247 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Private Enforcement of EU Competition Law by : Pier Luigi Parcu

Download or read book Private Enforcement of EU Competition Law written by Pier Luigi Parcu and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, private enforcement of competition law has slowly taken off in Europe. However, major differences still exist among Member States. By harmonizing a number of procedural rules, the Damages Directive aimed to establish a level playing field among EU Member States. This timely book represents the first assessment of the implementation of the Damages Directive. Offering a comparative perspective, key chapters provide an up-to-date account of the emerging trends in private enforcement of competition law in Europe.

The European Court of Human Rights

Author : Helmut P. Aust
Publisher : Edward Elgar Publishing
ISBN 13 : 1839108347
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The European Court of Human Rights by : Helmut P. Aust

Download or read book The European Court of Human Rights written by Helmut P. Aust and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.

The EU Antitrust Damages Directive

Author : Barry Rodger
Publisher : Oxford University Press, USA
ISBN 13 : 9780198812760
Total Pages : 544 pages
Book Rating : 4.8/5 (127 download)

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Book Synopsis The EU Antitrust Damages Directive by : Barry Rodger

Download or read book The EU Antitrust Damages Directive written by Barry Rodger and published by Oxford University Press, USA. This book was released on 2018-12-20 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of Member States (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union.

Copyright in the Age of Online Access

Author : João Pedro Quintais
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186794
Total Pages : 407 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Copyright in the Age of Online Access by : João Pedro Quintais

Download or read book Copyright in the Age of Online Access written by João Pedro Quintais and published by Kluwer Law International B.V.. This book was released on 2017-05-15 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The 'right to Damages' Under EU Competition Law

Author : Veljko Milutinović
Publisher :
ISBN 13 : 9789041132352
Total Pages : 405 pages
Book Rating : 4.1/5 (323 download)

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Book Synopsis The 'right to Damages' Under EU Competition Law by : Veljko Milutinović

Download or read book The 'right to Damages' Under EU Competition Law written by Veljko Milutinović and published by . This book was released on 2010 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the seminal judgment of the European Court of Justice in Courage v. Crehan (2001), a right to damages is available not only to individuals (i.e. companies) acting against the Member States, but also to individuals acting against each other, as

Environmental Liability and Ecological Damage In European Law

Author : Monika Hinteregger
Publisher : Cambridge University Press
ISBN 13 : 9780521889971
Total Pages : 760 pages
Book Rating : 4.8/5 (899 download)

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Book Synopsis Environmental Liability and Ecological Damage In European Law by : Monika Hinteregger

Download or read book Environmental Liability and Ecological Damage In European Law written by Monika Hinteregger and published by Cambridge University Press. This book was released on 2008-07-24 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive analysis of environmental liability law in Europe, this book offers a general introduction to the status of environmental liability in Europe. It describes the relevant international treaties and the EC-Environmental Liability Directive and discusses the conflict of laws issues regarding transfrontier environmental damage. It also contains the results of a comparative project covering 14 jurisdictions in 13 European countries (Austria, Belgium, England and Wales, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Portugal, Scotland, Spain, Sweden) on the private law aspects of environmental liability. It addresses the main problems of the application of tort law in environmental law, such as the availability of non-fault liability, the establishment of causation, the scope of available remedies and the issue of legal standing. Due to the very limited harmonizing effect of the EC-Environmental Liability Directive national tort law will keep its importance in the field of environmental liability.

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Principles of European Tort Law

Author : European Group on Tort Law
Publisher : Springer
ISBN 13 : 9783211100103
Total Pages : 282 pages
Book Rating : 4.1/5 (1 download)

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Book Synopsis Principles of European Tort Law by : European Group on Tort Law

Download or read book Principles of European Tort Law written by European Group on Tort Law and published by Springer. This book was released on 2009-09-02 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Group on Tort Law presents the results of its extensive research project, the Principles of European Tort Law. They were drafted on the basis of several comparative studies on the most fundamental questions of tortious liability and the law of damages. The Principles are not a mere restatement of the common core of tort law in Europe, but rather a proposal for a comprehensive system of tortious liability for the future, though necessarily linked to existing regimes. They are meant to stimulate discussion both among academics and practitioners and could serve as guidelines for national legislatures, thereby fostering gradual harmonization. The text of the Principles, which is offered in English and several other languages, is accompanied by commentaries on the various parts elaborating their intended meaning and interplay.

The Power of Punitive Damages

Author : Lotte Meurkens
Publisher :
ISBN 13 : 9781780680477
Total Pages : 0 pages
Book Rating : 4.6/5 (84 download)

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Book Synopsis The Power of Punitive Damages by : Lotte Meurkens

Download or read book The Power of Punitive Damages written by Lotte Meurkens and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In November 2010, the Ius Commune Research School devoted the Liability and Insurance workshop on its annual conference to the "Power of Punitive Damages" "--Back cover.

The Passing-On Problem in Damages and Restitution under EU Law

Author : Magnus Strand
Publisher : Edward Elgar Publishing
ISBN 13 : 1786430185
Total Pages : 473 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Passing-On Problem in Damages and Restitution under EU Law by : Magnus Strand

Download or read book The Passing-On Problem in Damages and Restitution under EU Law written by Magnus Strand and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

Environmental Loss and Damage in a Comparative Law Perspective

Author : Barbara Pozzo
Publisher :
ISBN 13 : 9781839700262
Total Pages : 0 pages
Book Rating : 4.7/5 (2 download)

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Book Synopsis Environmental Loss and Damage in a Comparative Law Perspective by : Barbara Pozzo

Download or read book Environmental Loss and Damage in a Comparative Law Perspective written by Barbara Pozzo and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book analyzes the regulation of environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It delves into conceptual and specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions, as well as taking into account the contributions of economic analysis in this field of regulation. Specific attention has been devoted to the role that liability and insurance may play in terms of mitigation and adaptation to climate change, as well as the prevention of damage from natural hazards. The scope of analysis encompasses national as well as supranational and international regimes. In particular, there are two interrelated and very promising developments in the evolving understandings in this field that merit special focus: possible legal transplants and "cross-fertilization" between legal systems, on the one hand; and the current dialectic between global and local law in the environmental field, on the other."-- Page 4 de la couverture.

Competition Law of the European Union

Author : Van Bael & Bellis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154051
Total Pages : 1618 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law of the European Union by : Van Bael & Bellis

Download or read book Competition Law of the European Union written by Van Bael & Bellis and published by Kluwer Law International B.V.. This book was released on 2021-03-01 with total page 1618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

International Arbitration and EU Law

Author : Nikos Lavranos
Publisher : Edward Elgar Publishing
ISBN 13 : 1035316579
Total Pages : 617 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis International Arbitration and EU Law by : Nikos Lavranos

Download or read book International Arbitration and EU Law written by Nikos Lavranos and published by Edward Elgar Publishing. This book was released on 2024-08-06 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this substantially revised and updated second edition, this work examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU lawÕs impact on party autonomy and on the margin of appreciation available to arbitral tribunals. This second edition covers all relevant new developments in law and practice, and tracks the ever-increasing influence of EU law and the jurisprudence of the Court of Justice of the EU (CJEU) in international arbitration.

Harmonising EU Competition Litigation

Author : Maria Bergström
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902740
Total Pages : 377 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Harmonising EU Competition Litigation by : Maria Bergström

Download or read book Harmonising EU Competition Litigation written by Maria Bergström and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume in the Swedish Studies in European Law series, produced by the Swedish Network for European Legal Studies, heralds the new harmonised regime of private enforcement of EU competition law. In 2013, the Commission issued a Communication and Practical Guide to the quantification of harm in antitrust litigation and a Recommendation on collective redress. In 2014, the long-awaited Directive on actions for damages for infringements of EU competition law was finally adopted. In 2016, the Commission is expected to issue guidelines on the passing-on of overcharges. This book examines these recent developments and offers the perspectives of judges, officials, practitioners and academics. With a preface by Judge Carl Wetter of the General Court, the book explores five different themes. In section one, the main policy issues and challenges are presented. In section two, the new regime is placed in the bigger picture of recent EU law developments. In section three, the nexus between private enforcement and transparency is investigated. A comparative perspective is offered in section four by looking into private enforcement in five Member State jurisdictions. Finally, issues relating to causation, harm and indirect purchasers are explored in section five.