Training curriculum: "Preparing for the impact of the Damages Directive on judges in Member States"
The presentations will be held by:
-Adam SCOTT, Judge UK
-Marcus SMITH, Chairman of the UK Competition Appeal Tribunal
-Liam MCKECHNIE, Justice of the Supreme Court of Ireland
-Diana UNGUREANU, Judge at Court of Appeal Pitești, Romania.
The curriculum will be divided in two, as following:
- First Part
1. Setting the scene – the principal EU level documents and the principles underlying the Directive
a. Full compensation
b. Effectiveness and equivalence
c. Sincere co-operation
2. The claim
a. About what?
b. Who claims?
c. Against whom?
d. Where and when?
3. Managing a claim in court
a. What needs to be managed?
b. Interactions with other bodies – the Commission, NCAs and other courts
c. Jurisdiction and staying proceedings
4. Evidence – an introductory session – and questions for next time
- Second part
5. Evidence 1
a. On what topics?
b. Managing evidence including disclosure
6. Evidence 2
7. Causation and damages
a. Presumption of harm
c. Passing on
8. Completing a case
a. Consensual dispute resolution
b. Collective actions and settlements
c. Judgments, enforcement and informing the Commission