Online meeting (I) Private enforcement - not impossible or excessively difficult
The online meeting is a special instrument whereby EU judges dealing with competition cases can interact with each other and discuss challenges and ideas in the field of private enforcement of competition law.
How does it work?
If you are part of the target group of the project, i.e. national judges dealing with competition cases at national level, including prosecutors, apprentice national judges and the legal staff of the judges’ offices or of national courts from EU Member States, or if you are a legal scholar or a legal expert in the EU, you can interact with your colleagues from other Member States here through the commentary section.
You will need to follow these steps:
On what topics?
The JustCompetition team, with the assistance of the project`s experts, has opened two online meetings: the one presented here on the practical nature and the difficulties of private enforcement and another one on the principle of full compensation.
Theme proposed by Adam Scott:
"By 27th December 2016 and by virtue of Article 4 of the Directive 2014/104, each Member State should have ensured that their national rules and procedures relating to the exercise of claims for damages are designed and applied in such a way that they do not render practically impossible or excessively difficult the exercise of the Union right to full compensation for harm caused by an infringement of competition law.
At the same time, courts should, by virtue of Article 17, have been empowered, in accordance with national procedures, to estimate the amount of harm if it is established that a claimant suffered harm but it is practically impossible or excessively difficult precisely to quantify the harm suffered on the basis of the evidence available.
Assuming that national executive and legislative authorities have done their jobs effectively and that potential claimants and their lawyers seize opportunities, the scene is set for the courts, with some help from national competition authorities, to embark on handling claims brought before them.”
The project`s experts will answer your questions that you post with respect to this subject in the commentary section bellow.
After the 30th of September, if you are part of the target group and you are registered on the website, you will be able to post your questions and thoughts in the field of competition law in the commentary section. You can start discussions with your colleagues from other Member States on any topic related to the enforcement of competition law.
Please read the following notes:
(1) The commentary section is available only for those registered on the platform.
(2) There is a delay to be expected between the time you post your comment and the moment it will appear on the website. The comment has to be first validated by our moderators.
(3) Please refrain from using inappropriate language. Any comment that reflects inappropriate or intolerant language will be deleted.
(4) Please use an institutional email address when registering. The moderators of this platform retain the right to delete without notice any user account that has not been registered with an institutional address.
(5) Please write your comments in English.