Browsing by Subject "CJEU"

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  • Havu, Katri (2020)
    Damages disputes related to breaches of EU competition law are heard by Member State courts that apply a combination of EU and national law to these cases. Recently, the European Court of Justice handed down a preliminary ruling concerning who is liable to compensate harm caused by competition infringements (Skanska (C-724/17)). Importantly, the ruling confirms that EU competition law, and not national legislation, dictates which legal entities are responsible for damages. Moreover, the ruling indicates that the broadly interpreted concept of “undertaking” and the principle of economic continuity—traditionally discussed in the sphere of public enforcement of EU competition provisions—are also relevant in the context of private law claims. These clarifications are invaluable, because the issue of those liable for damages has not previously been addressed in a detailed manner, and the extent to which EU law, as opposed to national rules, governs this area has not been clear. This contribution explores the Skanska ruling and its theoretical and practical implications.
  • Havu, Katri Annikki (2019)
    This article analyses EU case law concerning damages liability for non-material harm. The focus here is on recent case law, most of which concerns EU liability. The contribution first provides an overview of cases that deal with non-material damage. Secondly, it explores important themes that emerge from the case law, such as the necessity of monetary reparation, the conditions for harm and causation, and the amounts of compensation granted. Particular attention is paid to the topical notion of reputational harm. Claims concerning damage to reputation or image have frequently emerged in EU liability cases, but compensation has not been readily awarded. The European Court of Justice has, however, relatively recently upheld a decision awarding damages for unjustified and prolonged inclusion on a “sanctions list” (Safa Nicu (C-45/15 P)). The problem of distinguishing between non-material and economic harm under EU law is also discussed.
  • Havu, Katri (2020)
    This brief contribution discusses the most recent (2019-: Cogeco; Skanska; Sumal; Otis) case law by the CJEU concerning private enforcement of EU competition law. A particular emphasis is on the roles of EU and national law as regards regulating EU competition law enforcement.