The Right to Damages in European Law
Title | The Right to Damages in European Law PDF eBook |
Author | Andrea Biondi |
Publisher | Kluwer Law International B.V. |
Pages | 250 |
Release | 2009-01-01 |
Genre | Law |
ISBN | 9041124764 |
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.
The 'Right to Damages' under EU Competition Law
Title | The 'Right to Damages' under EU Competition Law PDF eBook |
Author | Veljko Milutinovic |
Publisher | Kluwer Law International B.V. |
Pages | 432 |
Release | 2010-11-19 |
Genre | Law |
ISBN | 9041142495 |
It is the provocative thesis of this book that the Commission’s struggle for a more ‘effective’ system of private enforcement has gone from being a mere enhancement of a single EU policy (competition) to slowly but surely fuelling a paradigm shift in EU law.
After the Damages Directive
Title | After the Damages Directive PDF eBook |
Author | Andrea Biondi |
Publisher | Kluwer Law International B.V. |
Pages | 973 |
Release | 2022-01-11 |
Genre | Law |
ISBN | 9403513101 |
International Competition Law Series [ICLS], Volume 89 Designed to deter anticompetitive conduct and to ensure full compensation for loss and damage caused by competition infringements, the Antitrust Damages Directive has become a crucial factor in companies’ risk management planning. This first book of its kind offers a comparative overview, practical and authoritative, of the implementation and application of private enforcement rules in each EU Member State as well as in the post-Brexit United Kingdom, covering legislation and case law to date. For leading jurisdictions where practice is already well developed, there are more detailed chapters, with perspectives of judges, competition authorities, practitioners, and economists. The contributors – all experts in the use of EU competition law in their respective jurisdictions – cover the provisions of the Directive in detail, including the following: requirement of full compensation; rules preventing overcompensation; court’s power to estimate damages that cannot be precisely quantified; joint and several liability for infringing undertakings; coordination between public and private enforcement; provisions related to passing-on; certain rules on admissibility of evidence; rules on limitation periods; and consensual dispute resolution. In its detailed explanations of shared best practices and its highlighting of opportunities for convergence, the book provides much-needed insight into judicial practice and thinking, the economic approaches and strategies relevant to damages, and the coordination between public and private enforcement. These expert views will prove invaluable for practitioners wishing to see how the law and practice might evolve in their own jurisdictions, as well as into the problems that have arisen or might arise in the future.
The Passing-On Problem in Damages and Restitution under EU Law
Title | The Passing-On Problem in Damages and Restitution under EU Law PDF eBook |
Author | Magnus Strand |
Publisher | Edward Elgar Publishing |
Pages | 473 |
Release | 2017-01-27 |
Genre | Law |
ISBN | 1786430185 |
‘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.
Individual Rights in EU Law
Title | Individual Rights in EU Law PDF eBook |
Author | Bjarte Thorson |
Publisher | Springer |
Pages | 392 |
Release | 2016-06-25 |
Genre | Law |
ISBN | 3319327712 |
This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.
The Passing-On Problem in Damages and Restitution under EU Law
Title | The Passing-On Problem in Damages and Restitution under EU Law PDF eBook |
Author | Magnus Strand |
Publisher | Edward Elgar Publishing |
Pages | 512 |
Release | 2023-12-11 |
Genre | Law |
ISBN | 1803922486 |
‘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.
Tort Law in the European Union
Title | Tort Law in the European Union PDF eBook |
Author | Gert Brüggemeier |
Publisher | Kluwer Law International B.V. |
Pages | 280 |
Release | 2018-06-14 |
Genre | Law |
ISBN | 9403500719 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.