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Book
Evidence, proof and judicial review in EU competition law
Authors: ---
ISBN: 9781782548898 9781782548904 1782548890 Year: 2017 Publisher: Cheltenham, UK Edward Elgar Publishing

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Abstract

Fernando Castillo de la Torre and Eric Gippini Fournier, two of the most experienced competition litigators at the European Commission, undertake an in-depth analysis of the case law of the EU Courts on the rules of evidence, proof and judicial review, as they are applied in EU competition law. These topics often engage with fundamental rights, and the book takes stock of the most frequent criticisms that are made of the EU enforcement system and review by EU Courts. The result is an extremely thorough and well-structured review of the relevant rules of law and of the precedents. The authors combine valuable insights and critical analysis to construct a definitive yet balanced portrayal of the state of EU competition law. Key features include:• unique insights from two of the most experienced litigators in EU competition law• the only comprehensive resource on the subject, all relevant legislation and a wealth of case law• a clear structure designed specifically for legal practitioners, with detailed tables of contents and targeted access to the relevant provisions• exhaustive examination of case law, including close theoretical analysis and detailed description of precedents with an eye to their practical application.This book will be an essential resource for all legal practitioners specialising in EU competition law. It will also appeal to lawyers involved in litigating and enforcing antitrust and competition law at the national level, in EU Member States or other jurisdictions where rules of evidence and judicial review are inspired by the EU system.


Book
Primary EU law and private law concepts
Authors: ---
ISBN: 9781780684529 9781780686004 1780684525 1780686005 Year: 2017 Publisher: Cambridge : Intersentia,

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Primary EU Law and Private Law Concepts starts with the hypothesis that the European Court of Justice has developed concepts in private law cases which differ in substance from the concepts that exist in the private law systems of the Member States. It aims to present developments in the current law of which EU lawyers and private lawyers generally are unaware. It offers ground-breaking analyses of the main private law concepts (the person, property, contract and tort and remedies) as they are used, created or adjusted by the Court. Each analysis results from insights obtained from the substantive meaning of the concepts deployed in the Court's case law, disconnected from the national meanings of such concepts. The direction of this analysis is from the cases to the concepts, not the other way around: the cases and the facts behind the private law relationships are the starting point. In this way the analyses show in detail how primary EU law influences private law relationships. This book will be useful for academics, practitioners and students interested in EU private law. 'EU law's very identity is shaped by its conferral of rights and obligations on individuals but it has conventionally been public law, not private law, that has been the main site for engagement between EU and national law. This collection redresses that imbalance, and shows how primary EU law has induced mutation in concepts of private law. The law of the internal market is inevitably at the forefront, but so too is the protection of fundamental rights.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford 'This is a ground-breaking book. [The editors'] approach presents important results both for legal scholarship and legal practice and underlines the necessity of more cooperation between EU law and private law scholars.' Arthur Hartkamp, Professor of European Private Law, Radboud University, Nijmegen Carla Sieburgh is a Research Professor in Private Law at Radboud University Nijmegen, and an expert in the law of obligations and the interaction of EU law, human rights and private law. Hans-W. Micklitz is Professor of Economic Law at the European University Institute and Distinguished Professor of the Academy of Finland at the University of Helsinki. He has also been a visiting professor at the University of Michigan Ann Arbor and the Somerville College at the University of Oxford. He holds degrees in law and sociology. Intersentia Intersentia

Keywords

Private law --- European law --- European Union --- Civil law --- Constitutional law --- Court of Justice of the European Communities. --- Droit privé (droit européen) --- Droit européen et droit interne --- Actes juridiques (droit européen) --- Court of Justice of the European Communities --- Droit européen et droit interne. --- Civil law - European Union countries --- Constitutional law - European Union countries --- Cour de justice des communautés européennes --- Gerichtshof der Europäischen Gemeinschaften --- Corte di giustizia delle comunità europee --- Dikastērion tēs Europaikēs Oikonomikēs Koinotētos --- Hof van Justitie van de Europese Gemeenschappen --- Tribunal de Justicia de las Comunidades Europeas --- GHEG --- European Atomic Energy Community. --- European Economic Community. --- European Court of Justice --- Europäischer Gerichtshof --- Curtea de Justiție a Comunităților Europene --- Ōshū Shihō Saibansho --- G.H.E.G. --- Tribunal de Justiça das Comunidades Europeias --- Sud evropeĭskikh soobshchestv --- Avrupa Toplulukları Adalet Divanı --- Tribunal de Justiça das Comunidades --- Curia Communitatum Europaearum --- Eurōpaiko Dikastērio --- Dikastērio Eurōpaikōn Koinotētōn --- DEK --- EuGH --- ECJ --- D.E.K. --- Europejski Trybunał Sprawiedliwości --- ETS --- Dikastērio tōn Eurōpaikōn Koinotētōn --- CEJ --- European Union. --- Európai Bíróság --- European Coal and Steel Community. --- Court of Justice of the European Union

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