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dc.contributor.editorMONTI, Giorgio
dc.date.accessioned2016-03-23T10:15:15Z
dc.date.available2016-03-23T10:15:15Z
dc.date.issued2016
dc.identifier.issn1725-6739
dc.identifier.urihttp://hdl.handle.net/1814/40464
dc.description.abstractThis long working paper (EUI interest study) explores the differences between national legal systems and assesses whether they are EU law compliant when it comes to the calculation of interest on damages resulting from antitrust infringements. The first chapter of the working paper addresses three issues: the principles that emerge from the case law of the CJEU when assessing the compliance of national rules in damages actions; the principles that emerge from EU legislation and the case law of the CJEU when considering the notion of interest payments; an assessment, based on the EU law system, of thirteen member state approaches to interest. The subsequent chapters are national reports which form the basis for the assessment to be found in chapter 1. We note that many legal systems require some reconsideration of the national approach to interest to ensure that claimants are afforded full compensation. This study comes at a time when the 28 EU member States are in the process of implementing Directive 2014/104/EU, without however being very specific on the calculation of interest. In presenting the specific features of thirteen national regimes, this working document provides guidance to all interested parties on the scope of interest as fundamental part of the EU right to full compensation. It might prove especially useful to judges in cases that call for the application of foreign laws to damages claims. This EUI interest study has been initiated and supported by CDC Cartel Damage Claims Consulting SCRL, Brussels with the aim to extend the study to the legal systems of all other EU Member States. It seeks to raise awareness of the substantial differences and potentially significant consequences thereof for the right to full compensation of damages following infringements of competition law.en
dc.description.tableofcontents-- EU LAW AND INTEREST ON DAMAGES FOR INFRINGEMENTS OF COMPETITION LAW, Barend Van Leeuwen and Giorgio Monti -- AUSTRIA, Viktoria H.S.E Robertson -- BELGIUM, Caroline Cauffman -- CZECH REPUBLIC, Pavlina Hubkova -- FINLAND, Katri Havu -- FRANCE, Rafael Amaro -- GERMANY, Maria José Schmidt-Kessen -- ITALY, Maria Luisa Stasi -- NETHERLANDS, Caroline Cauffman -- PORTUGAL, Miguel Sousa Ferro -- SLOVAKIA, Ján Husár and Kristián Csach -- SPAIN, Alexandre Ruiz Feases -- SWEDEN, Magnus Strand -- UNITED KINGDOM, Katarzyna Marita Szrederen
dc.format.mimetypeapplication/pdfen
dc.language.isoenen
dc.relation.ispartofseriesEUI LAWen
dc.relation.ispartofseries2016/11en
dc.rightsinfo:eu-repo/semantics/openAccessen
dc.subjectEUI interest studyen
dc.subjectPrivate enforcement of competition lawen
dc.subjectRight to full compensationen
dc.subjectAccrual of interest on damages amountsen
dc.subjectPrinciple of effectivenessen
dc.titleEU law and interest on damages for infringements of competition law : a comparative reporten
dc.typeWorking Paperen


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