the right to damages in european law kluwer european law colletion

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The Right To Damages In European Law

Author : Andrea Biondi
ISBN : 9789041124760
Genre : Law
File Size : 37. 59 MB
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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.

Tort Law In The European Union

Author : Gert Bruggemeier
ISBN : 9403500700
Genre :
File Size : 41. 82 MB
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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.

The Action For Damages In Community Law

Author : Ton Heukels
ISBN : 9789041103703
Genre : Law
File Size : 49. 35 MB
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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.

Individual Rights In Eu Law

Author : Bjarte Thorson
ISBN : 9783319327716
Genre : Law
File Size : 61. 74 MB
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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

Author : Magnus Strand
ISBN : 9781786430182
Genre :
File Size : 69. 75 MB
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‘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.

The Right To Damages Under Eu Competition Law

Author : Veljko Milutinović
ISBN : 904113235X
Genre : Law
File Size : 88. 82 MB
Format : PDF
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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

European Contract Law And German Law

Author : Stefan Leible
ISBN : 9041125884
Genre : Law
File Size : 29. 5 MB
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The newest volume in Kluwer's series of comparative analyses of Member State law and the Principles of European Contract Law (PECL), this book not only provides an introduction to German law for lawyers familiar with the PECL but also serves as a model for "reconnecting" the contract law of the European Union with that of the Member States. Although the Principles were by design distilled from the laws of the Member States, one of the arguments most frequently advanced for opposing the introduction of a EU contract law is that it would not be in line with national principles of contract law. The in-depth comparison presented here may help to refute or confirm such doubts and serve as a yardstick to measure how far EU law really has disconnected from the traditions of the Member States. Using a straightforward comparative method, the analysis not only reveals a significant area of convergence between the PECL and German contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (historical, social, economic), are clearly set forth. Aspects of the relevant laws covered include the following: scope of application, general duties, terminology; offer and acceptance, liability for negotiations; effects of assignment; remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest); representation by agents; plurality of debtors and/or creditors; order of priority among assignee and competing claimants; transfer of contract or contractual position; and periods of prescription.

Remedies And Procedures Before The Eu Courts

Author : R. Barents
ISBN : 9041166149
Genre : Procedure (Law)
File Size : 69. 64 MB
Format : PDF
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Finding one's way amongst the myriad of provisions that govern the system of remedies and the proceedings before the three constituent courts of the Court of Justice of the European Union (CJEU) presents a major challenge to European practitioners. It is crucial to possess a reliable, thorough guide to the relevant statutory provisions and rules of procedure - such a guide as this book, written by one of Europe's foremost jurists, provides. For every kind of case and any situation likely to arise, it clearly explains which rules apply and how to proceed. It is fully up to date, covering the renewed rules of procedure of the Court of Justice, the General Court, and the Civil Service Tribunal, as well as updated provisions and practice directions. From foundations and principles to specifi c rules on evidence, damages, failure to act, preliminary rulings, interim measures, and much more, the book covers all essential elements of CJEU procedure, including the following: - division of competences between the Union courts; - admissibility; - rules regarding anonymity; - practice rules for the implementation of rules of procedure; - service of documents; - setting and extension of time limits, hearings, witnesses, and experts; - deposit and recovery of sums; - rules applying to the chamber system; - assignment of cases; - 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; - delimitation of jurisdiction between the CJEU and national courts; - expedited procedures; and - scope of the rules on costs. Each chapter ends with a list of further readings. Any lawyer seeking appropriate remedies in any case before the CJEU will benefi t 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.

Damages In Eu Public Procurement Law

Author : Hanna Schebesta
ISBN : 9783319236124
Genre : Law
File Size : 57. 96 MB
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The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Principles Of European Contract Law And Italian Law

Author : Luisa Antoniolli
ISBN : 9789041123725
Genre : Law
File Size : 85. 71 MB
Format : PDF
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To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

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