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 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 and Procedures Before the EU Courts written by René Barents and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.
Download or read book Remedies in EC Law written by Mark Brealey and published by . This book was released on 1994 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise, authoritative guide advises the reader on the full range and nature of European remedies, as well as the practical ways in which they may be pursued in the UK and Europe. Precedents, sample pleadings and ancillary information are included.
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 Non Judicial Remedies and EU Administration written by Paola Chirulli and published by Routledge. This book was released on 2021-03-11 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.
Download or read book Performance Oriented Remedies in European Sale of Goods Law written by Vanessa Mak and published by Bloomsbury Publishing. This book was released on 2009-01-15 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Download or read book Legal Remedies in European Tax Law written by Pasquale Pistone and published by IBFD. This book was released on 2009 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now the topic of legal remedies in European direct tax law has been significantly underexposed within the academic tax community. This book aims at filling this gap by providing the typical approaches to European tax law with a general vision on European law, and puts together theory and practice, but also includes contributions on selected relevant issues arising in the protection of taxpayers' rights.
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 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 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 Remedies in Network Industries written by Damien Geradin and published by Intersentia nv. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last decade, the European Union has undertaken major market-opening reforms in the area of network industries. The liberalization process has now been completed in the air transport and electronic communications sectors and has achieved considerable progress in other network industries, such as postal services, energy (electricity and gas), and rail transport. Creating competition in network industries is not an easy matter, however. Because they benefit from certain advantages such as a large initial market share and control of essential facilities, incumbents typically retain substantial market power in a number of relevant markets and may even use their position to prevent others from engineering such markets. Controlling market power is thus one of a number of key concerns in network industries. It can be achieved in two main ways; either through the adoption and implementation of sector-specific rules or through the application of competition rules. There are advantages and disadvantages to both options, but it is a combination of the two that generally prevents incumbents from abusing their market power in liberalized markets. Competition law and sector-specific regulation provide for the application of remedies on incumbents or other operators holding significant market power. Such remedies are either structural or a behavioural. In some occasions they will apply ex ante, while in others ex post. This book comprises a collection of outstanding essays dealing with the complex legal and economic issues raised by remedies in network industries. While some of these essays analyse remedies from a generic point of view, others focus on specific remedies applied specifically in particular sectors. The sectors covered in this volume include electronic communications, postal services, energy (electricity and gas), and air transport. The final paper also presents a discussion of the United States approach to remedies in network industries. The essays comprised in this book have been written by leading academics (lawyers and economists), as well as private practitioners.
Download or read book The Judicial Remedies in E U and Their Contribution to the Development of EC Law written by Georgios Kastanis and published by . This book was released on 2006 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Merger Remedies in American and European Union Competition Law written by François Lévêque and published by Edward Elgar Publishing. This book was released on 2003-01-01 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive volume presents a detailed comparative analysis of merger remedies in the EU and US, motivated by the fact that a growing number of mergers are being scrutinized and reviewed under both jurisdictions. Merger remedies on either side of the Atlantic play an increasingly important role in the implementation of public policy with regard to the economic concentration of industry. The book provides an understanding of merger remedies in general, and of procedural and substantive differences in the approach of the EU and the US. The editors have gathered together leading European and American practitioners and scholars to comprehensively discuss this issue. They aim to help policymakers decide if, and how, current practices can be improved, and to help firms and their counsel better prepare cases and predict outcomes.
Download or read book Judicial Remedies in the European Communities written by Henry Schermers and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where rights are conferred and duties imposed, where powers are exercised and obedience to rules of law required, judicial remedies are an absolute necessity. This statement was valid in 1969 when the first edition of this book appeared, it is even more so now. Though the political dynamism of the Communities has slackened, the number and effect of their legal rules is still growing. Practising lawyers need to be familiar with the possibilities for legal redress when rules of Community law are violated. But interest in the judicial remedies available in the European Communities is not confined to them alone. Many of the legal problems of the European Communities are problems which any supranational organization will encounter. Any student of international institutional law will benefit from a study of the judicial remedies available in the European Communities. Furthermore, the subject forms a fascinating branch of comparative law. Many of the solutions adopted in the European Communities can be regarded as resulting from a long development of administrative law.
Download or read book Mergers and Merger Remedies in the EU written by Stephen Davies and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . for practitioners considering whether to use economists to evaluate merger proposals, this book provides a relevant insight into the types of information that would be necessary to develop even a basic simulation model, and some guidance as to circumstances where such technique may be appropriate. Vanessa Holliday, Competition and Consumer Law Journal . . . highly recommended for practitioners as well as academics interested in merger remedies. Arndt Christiansen, European Competition Law Review Headlines are made when the European Commission prohibits a merger, but this is actually very rare. Clearances subject to conditions (i.e. remedies) happen ten times as frequently, but have received far less attention in academic literature. This book provides an empirical assessment of the effectiveness of merger remedies, employing a novel simulation methodology based on formal economic theory. The authors were given unprecedented access to data available to case handlers, concerning a range of remedied mergers covering 21 markets. Using this they have adapted simple simulation techniques to appraise the competitive effects of these mergers and the impact of potential and actual remedies. Ex-ante results are then compared with ex-post impact to examine the actual effectiveness of remedies. The results provide a critique of both simple market share analysis and remedy design. This research thus contributes to economics research and practical merger policy. This rare empirical assessment of the efficacy of remedies in competition policy will be of great significance and interest to policy makers, as well as to economists, lawyers, practitioners and students in competition law.
