The CJEU Case Law After Preliminary Ruling on Behalf of Private Enforcement of EU Competition Law

• Autores: Mar Jimeno Bulnes
• Localización: Language and Law: the Role of Language and Translation in EU Competition Law / Silvia Marino (ed. lit.), Łucja Biel (ed. lit.), Martina Bajčić (ed. lit.), Vilelmini Sosoni (ed. lit.), 2018, ISBN 978-3-319-90905-9, págs. 39-67
• Idioma: inglés
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• Resumen

  • The Court of Justice of the European Union case law on private enforcement of EU Competition Law will be examined in order to explain the developments on the topic until the enactment of specific legislative instruments such as Directive 2014/104/EU. In this context, some leading cases are analysed, with particular regard to those that have led to further elaboration of jurisprudence or doctrine, as the decisive judgments Courage Ltd v. Crehan, Masterfoods Ltd. v. HB Ice Cream, Ltd. and Vincenzo Manfredi v. Lloyd Adriatico Assicurazioni SpA, consolidating the previous case law. In all the case law compliance with the characteristics of the European legal order shall be specified too. The relevance of the direct effect will be highlighted, since it might be problematic in the case of the Directive. Most of this case law has been the result of questions referred for a preliminary ruling directly to the Court of Justice from the courts of the Member States. These courts are responsible for complying with the EU measures to settle disputes at a national level between natural or legal persons in mainly civil or commercial matters. The financial support of the Spanish Ministry of Economy and the European Commission is gratefully acknowledged (Research Projects A step forward in the consolidation of the European judicial area and its practical application in Spain: from the perspective of civil and criminal procedures, DER2015-71418-P and JUST-2015-JCOO-AG, 723198, and Training action for legal practitioners: linguistic skills and translation in EU Competition Law, HT.4582-6). Also my special thanks to Professor Luis Velasco San Pedro, Professor of Commercial Law at the University of Valladolid, for his bibliographical recommendation.