Private Enforcement Of Eu Law Before National Courts

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Private Enforcement of EU Law Before National Courts

Folkert Wilman
Private Enforcement of EU Law Before National Courts Book PDF

Author : Folkert Wilman
Publisher : Edward Elgar Publishing
Page : 656 pages
File Size : 54,6 Mb
Release : 2015-09-25
Category : Law
ISBN : 9781784718497

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Private Enforcement of EU Law Before National Courts by Folkert Wilman Pdf

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.

Standing to Enforce European Union Law before National Courts

Hilde K Ellingsen
Standing to Enforce European Union Law before National Courts Book PDF

Author : Hilde K Ellingsen
Publisher : Bloomsbury Publishing
Page : 296 pages
File Size : 45,8 Mb
Release : 2021-03-25
Category : Law
ISBN : 9781509937165

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Standing to Enforce European Union Law before National Courts by Hilde K Ellingsen Pdf

Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

Private Enforcement of EU Competition Law

Pier Luigi Parcu ,Giorgio Monti,Marco Botta
Private Enforcement of EU Competition Law Book PDF

Author : Pier Luigi Parcu ,Giorgio Monti,Marco Botta
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 45,6 Mb
Release : 2018-09-28
Category : Law
ISBN : 9781786438812

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Private Enforcement of EU Competition Law by Pier Luigi Parcu ,Giorgio Monti,Marco Botta Pdf

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 Enforcement of EU Law and Values

András Jakab,Dimitry Kochenov
The Enforcement of EU Law and Values Book PDF

Author : András Jakab,Dimitry Kochenov
Publisher : Oxford University Press
Page : 425 pages
File Size : 52,6 Mb
Release : 2017-04-07
Category : Law
ISBN : 9780191063510

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The Enforcement of EU Law and Values by András Jakab,Dimitry Kochenov Pdf

It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

National Courts and EU Law

Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa
National Courts and EU Law Book PDF

Author : Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 53,5 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781783479900

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National Courts and EU Law by Bruno de Witte,Juan A. Mayoral,Urszula Jaremba,Marlene Wind,Karolina Podstawa Pdf

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Private Enforcement of European Competition and State Aid Law

Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Private Enforcement of European Competition and State Aid Law Book PDF

Author : Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers
Publisher : Kluwer Law International B.V.
Page : 421 pages
File Size : 46,8 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403502106

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Private Enforcement of European Competition and State Aid Law by Ferdinand Wollenschläger,Wolfgang Wurmnest,Thomas M.J. Möllers Pdf

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.

Research Handbook on the Enforcement of EU Law

Miroslava Scholten
Research Handbook on the Enforcement of EU Law Book PDF

Author : Miroslava Scholten
Publisher : Edward Elgar Publishing
Page : 581 pages
File Size : 45,6 Mb
Release : 2023-09-06
Category : Law
ISBN : 9781802208030

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Research Handbook on the Enforcement of EU Law by Miroslava Scholten Pdf

This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.

The Implementation and Enforcement of European Union Law in Small Member States

Ivan Sammut,Jelena Agranovska
The Implementation and Enforcement of European Union Law in Small Member States Book PDF

Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Page : 309 pages
File Size : 41,7 Mb
Release : 2021-03-11
Category : Political Science
ISBN : 9783030661151

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The Implementation and Enforcement of European Union Law in Small Member States by Ivan Sammut,Jelena Agranovska Pdf

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general.

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

Magnus Strand
The Passing On Problem in Damages and Restitution under EU Law Book PDF

Author : Magnus Strand
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 49,6 Mb
Release : 2017-01-27
Category : Electronic
ISBN : 9781786430182

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The Passing-On Problem in Damages and Restitution under EU Law by Magnus Strand Pdf

‘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.

Private Enforcement of Competition Law in Europe

Rafael Amaro
Private Enforcement of Competition Law in Europe Book PDF

Author : Rafael Amaro
Publisher : Bruylant
Page : 353 pages
File Size : 54,6 Mb
Release : 2021-06-10
Category : Law
ISBN : 9782802770299

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Private Enforcement of Competition Law in Europe by Rafael Amaro Pdf

This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.

EU Competition and State Aid Rules

Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda
EU Competition and State Aid Rules Book PDF

Author : Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda
Publisher : Springer
Page : 313 pages
File Size : 52,9 Mb
Release : 2017-12-28
Category : Law
ISBN : 9783662479629

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EU Competition and State Aid Rules by Vesna Tomljenović,Nada Bodiroga-Vukobrat,Vlatka Butorac Malnar,Ivana Kunda Pdf

This book scrutinizes legislative novelties and case law in the area of EU competition and state aid rules, focusing on the interaction between public and private enforcement of those rules. It is intended for scholars, stakeholders and anyone involved in the process of law enforcement – judges, attorneys at law, corporate lawyers and market participants. The book features contributions by prominent competition law scholars offering an academic analysis of the topics covered, and by several EU General Court judges, including its President, Mr. Marc Jaeger, providing first-hand information on the application of the EU competition rules in the General Court.

New Directions in the Effective Enforcement of EU Law and Policy

Sara Drake,Melanie Smith
New Directions in the Effective Enforcement of EU Law and Policy Book PDF

Author : Sara Drake,Melanie Smith
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 43,7 Mb
Release : 2016-04-29
Category : LAW
ISBN : 9781784718695

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New Directions in the Effective Enforcement of EU Law and Policy by Sara Drake,Melanie Smith Pdf

The EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralized enforcement. The contributors evaluate the traditional ‘dual vigilance’ framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy-makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.

Law Enforcement by EU Authorities

Miroslava Scholten,Michiel Luchtman
Law Enforcement by EU Authorities Book PDF

Author : Miroslava Scholten,Michiel Luchtman
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 46,5 Mb
Release : 2017-11-24
Category : SOCIAL SCIENCE
ISBN : 9781786434630

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Law Enforcement by EU Authorities by Miroslava Scholten,Michiel Luchtman Pdf

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.

European Union Rights in National Courts

Nina Półtorak
European Union Rights in National Courts Book PDF

Author : Nina Półtorak
Publisher : Unknown
Page : 0 pages
File Size : 52,5 Mb
Release : 2015
Category : Civil rights
ISBN : 9041158634

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European Union Rights in National Courts by Nina Półtorak Pdf

Where there are rights granted by the EU law, there must be legal instruments serving their execution in national law. Because the main task of enforcing the provisions of EU law rests with the Member Statesè^-- institutions, ensuring the enforcement by national courts or administrative agencies of the rights of private entities is of particular importance.

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

Magnus Strand,Ignacio García-Perrote Martínez
The Passing On Problem in Damages and Restitution under EU Law Book PDF

Author : Magnus Strand,Ignacio García-Perrote Martínez
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 50,9 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781803922485

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The Passing-On Problem in Damages and Restitution under EU Law by Magnus Strand,Ignacio García-Perrote Martínez Pdf

‘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 thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.