Training of National judges in EU Competition law – The establishment of the competent jurisdiction and the quantification of damages relating to private enforcement EU

Start Date: Thursday, June 28, 2012
End Date: Friday, June 29, 2012
Category: EU Civil Law, Civil Law European Civil Procedure
Venue: London
Country: Academy of European Law (ERA)
Leading organisation: ERA-Academy of European Law
Cooperative Partner:
Language(s): English
Training level:
Target audience:
Participants(EJTN): 25
Contact: Nathalie Dessert
Contact e-mail:
Contact phone: +49 65193737220

Course Description

The increase in private enforcement of EU competition rules across Europe highlights some important issues, more specifically the choice of the law applicable to non-contractual obligations and, consequently, the choice of the competent jurisdiction. In that context, the interaction between Regulation 864/2007 ("Rome II") and Regulation 44/2001 ("Brussels I") is at stake.

The issues affect private enforcement of EU competition rules in general, such as injunctive decisions and requests for negative declaration, for example, but also those actions for the award of damages following an infringement of EU competition rules. Another important issue concerning the latter type of actions is the question of quantification of damages. In fact, it is for the domestic legal system of each Member State, and ultimately for the national judge, to determine the requirements the claimant has to fulfil when proving the amount of the damage suffered as a result of a competition law infringement.

These requirements provided at national level have to comply with general EU principles of equivalence and effectiveness. The calculation of damages could thus become a very cumbersome exercise if one  adheres strictly  to the idea that the exact amount of the damage caused by a competition law infringement has to be fully compensated.

Accommodation
Two nights hotel accommodation and 500 € travel costs covered.