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Chapter

Cover An Introduction to European Law

8. European Actions  

This chapter describes the direct enforcement of European law in the European Courts. The judicial competences of the European Courts are enumerated in the section of the Treaty on the Functioning of the European Union (TFEU) dealing with the Court of Justice of the European Union. The chapter discusses four classes of judicial actions. The first class is typically labelled an ‘enforcement action’ in the strict sense of the term. This action is set out in Articles 258 and 259 TFEU and concerns the failure of a Member State to act in accordance with European law. The three remaining actions ‘enforce’ the European Treaties against the EU itself. These actions can be brought for a failure to act, for judicial review, and for damages.

Chapter

Cover Jones & Sufrin's EU Competition Law

14. Private Enforcement  

This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussions cover the principle of direct effect and national procedural autonomy, mechanisms for cooperation between the Commission and national courts, the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations. It also considers wy historically there was relatively little antitrust litigation in the EU; the relationship between public and private enforcement; the Commission's policy towards private enforcement, the package of measures the Commission has taken to encourage private litigation, especially the 2014 Damages Directive and its likely impact.

Chapter

Cover Steiner and Woods EU Law

8. Remedies in National Courts  

This chapter, which examines the issues concerning the responsibility for procedural rules and remedies between European Union (EU) and national law, discusses the relevant jurisprudence of the Court of Justice (CJ) and explains how it has developed the principles of equivalence and effectiveness, notably in specific fields such as sex discrimination law. It addresses the question of the extent to which EU law, while respecting the principle of national procedural autonomy, may nevertheless require the creation of new remedies in national legal systems for EU law rights—for instance as regards damages, time limits or interim relief.

Chapter

Cover Steiner & Woods EU Law

8. Remedies in national courts  

This chapter, which examines the issues concerning the responsibility for procedural rules and remedies between European Union (EU) and national law, discusses the relevant jurisprudence of the Court of Justice (CJ) and explains how it has developed the principles of equivalence and effectiveness, notably in specific fields such as sex discrimination law. It addresses the question of the extent to which EU law, while respecting the principle of national procedural autonomy, may nevertheless require the creation of new remedies in national legal systems for EU law rights—for instance as regards damages, time limits or interim relief.

Chapter

Cover Competition Law

8. Articles 101 and 102: private enforcement in the courts of Member States  

This chapter describes the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also deals with the extensive experience of private actions in the UK courts. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.

Chapter

Cover EU Law Directions

9. Direct actions before the Court of Justice  

This chapter analyses direct actions filed before the Court of Justice of the European Union (CJEU) against European Union (EU) institutions. These include actions for damages for loss caused by an act of the Institutions under Articles 268 and 340 of the Treaty on the Functioning of the European Union (TFEU), action for failure of the institutions to act under Article 263 TFEU, and judicial review of EU acts under Article 263 TFEU. This chapter explains that the cases involving Article 263 TFEU and Article 340 TFEU received the most attention for their admissibility and merits. It also includes a consideration of Article 265 and 277 actions.

Chapter

Cover EU Law Directions

9. Direct actions before the Court of Justice  

This chapter analyses direct actions filed before the Court of Justice of the European Union (CJEU) against European Union (EU) institutions. These include actions for damages for loss caused by an act of the Institutions under Articles 268 and 340 of the Treaty on the Functioning of the European Union (TFEU), action for failure of the institutions to act under Article 263 TFEU, and judicial review of EU acts under Article 263 TFEU. This chapter explains that the cases involving Article 263 TFEU and Article 340 TFEU received the most attention for their admissibility and merits. It also includes a consideration of Article 265 and 277 actions.

Chapter

Cover Jones & Sufrin's EU Competition Law

14. Private Enforcement of Articles 101 and 102  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter focuses on the private civil enforcement of EU antitrust rules through claims made by private litigants in the national courts and tribunals of the individual Member States. The discussion covers the principle of direct effect and national procedural autonomy, mechanisms for cooperation between the Commission and national courts, the obligations of national courts when dealing with cases that raise the issue of whether a contract in violation of Article 101 or Article 102 is enforceable and whether, and if so when, damages and injunctions should be available to remedy such violations. It also considers why historically there was relatively little antitrust litigation in the EU; the relationship between public and private enforcement; and the Commission’s policy towards private enforcement, the package of measures the Commission has taken to encourage private litigation, especially the 2014 Damages Directive and its impact.

Chapter

Cover Competition Law

8. Articles 101 and 102: private enforcement in the courts of Member States  

This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.