Download or read book Remedies for Breach of EC Law written by Julian Lonbay and published by . This book was released on 1997-03-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remedies for Breach of EC Law Edited by Julian Lonbay Senior Lecturer, Director of the Institute of European Law, University of Birmingham Andrea Biondi Research Fellow, Institute of European Law, University of Birmingham Foreword by The Rt Hon. The Lord Slynn of Hadley A cornerstone of the success of the European Union is the effectiveness of Community law. Without adequate remedies and sanctions in the national courts to ensure the proper application, this effectiveness cannot be guaranteed. In recent years the question of available remedies has caused much debate, particularly in light of the Factortame I and Francovich cases. Since then, a number of other key cases have been heard which have widened the scope of the debate. Within the context of the development and refinement of this crucial aspect of Community-Member State relations, Remedies for Breach of EC Law draws on a team of expert commentators to analyse in detail the key issues which arise. In his Foreword, Lord Slynn highlights some of the important questions which are considered: Should Article 215 be developed to give a more effective remedy in compensation even than Francovich? Are any general lessons to be learnt from the remedies provided in the public procurement directive? Is the current atmosphere browbeating, or inducing, the Court to be less creative - should it? What are the special needs or enforcement of the law relating to the environment, to competition, to trade marks and to the protection of works of art? With its expert and in-depth analysis of this important issue, Remedies for Breach of EC Law is an essential reference for EC practitioners and academics who need to understand the implications of ensuring effective protection of EC law in national courts.
Download or read book Remedies in EU Competition Law written by Damien Gerard and published by Kluwer Law International B.V.. This book was released on 2020-07-10 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: By their nature, remedies are central to competition law enforcement and represent the yardstick against which the efficiency of the overall system can be measured. Yet very rarely have remedies been treated in a horizontal and comprehensive manner from the combined perspectives of substance, process and policy. The present volume, developed in partnership with the College of Europe’s Global Competition Law Centre (GCLC), provides coherent, practical, and authoritative commentaries by leading experts from the GCLC’s incomparable network. The contributions – originally presented at the 2019 GCLC annual conference – examine remedies to assess the overall effectiveness of competition law enforcement in merger, antitrust and State aid matters. The overall topic is presented under five headings: objectives and limitations of remedies; types of remedies in competition law enforcement; implementation and process; ex post assessment of remedies and policy lessons; and national and international approaches. The high-profile and wide-ranging group of authors includes the Director-General of the European Commission’s competition department, lawyers from major international firms, and well-known economists and academics specialising in competition law. With a sharp focus on how to make competition rules work well in today’s digital environment, this systematic and coherent analysis illuminates an issue that we need to fully grasp and understand in order to make sense of competition policy, law and enforcement in the years and decades to come.
Download or read book Remedies in EC Law written by Mark Brealey and published by . This book was released on 1998 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition provides authoritative commentary on EC law and expert guidance on how to apply the law in practical situations. The guide demonstrates how EC law applies in the English courts, the remedies available in English courts for the breach of EC law and the remedies available in EC courts for the breach of EC law.
Download or read book The Right to Damages in European Law written by Andrea Biondi and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.
Download or read book Remedies and the Enforcement of European Community Law written by Clive Lewis and published by . This book was released on 1996 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the principles laid down by the European Court and national courts and tribunals governing the remedies available for breach of Community law, and the relevant procedural rules (time limits, interim relief, statutory limits of damages and, so on). This reference combines thorough analysis with practical guidance, and provides a detailed guide to remedies available in the UK courts and tribunals for remedying breaches of EC law. Sections on Scotland and Northern Ireland highlight areas where the legal position differs from that in England and Wales.
Download or read book National Remedies Before the Court of Justice written by Michael Dougan and published by Hart Publishing. This book was released on 2004-12-31 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement.
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.
Download or read book Private Enforcement of EU Law Before National Courts written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
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 2013-12-27 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition Damages Actions in the EU offers a clear and concise analysis of the latest case law, legislation and policy documentation in the field of damages actions for breach of EU competition law. Highly topical, the authors explore the problems of
Download or read book The Future of Remedies in Europe written by Tonia Novitz and published by Hart Publishing. This book was released on 2000-11-20 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the lively and often controversial dialogues between courts,national and supranational, on remedies.
Download or read book The Action for Damages in Community Law written by Ton Heukels and published by Kluwer Law International B.V.. This book was released on 1997-02-18 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining EC provisions for dealing effectively with the need to compensate individuals for wrongful acts, this volume covers topics ranging from non-contractual liability of the Community for different kinds of legal act, to questions of damages and the Community's contractual liability.
Download or read book The Application of the Theory of Efficient Breach in Contract Law written by Wenqing Liao and published by Ius Commune: European and Comparative Law Series. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them. The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two. (Series: Ius Commune Europaeum - Vol. 142) Subject: Contract Law, Sales Law, European Law, Chinese Law, International Law]
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.
Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.
Download or read book Remedies for Breach of Contract written by G. H. Treitel and published by . This book was released on 1988 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written by a well-known expert on English law, is a detailed analysis of the comparative law of remedies for breach of contract, one of the most important branches of contemporary contract law.
Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.
