The Passing-On Problem in Damages and Restitution under EU Law

Second Edition

Magnus Strand, Ignacio García-Perrote Martínez (Autoren)

Buch | Hardcover

512 Seiten

2023 | 2nd edition
Edward Elgar Publishing Ltd (Verlag)
978-1-80392-247-8 (ISBN)

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‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.

Key Features:

A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU

A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain

Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts

Extensive updates comprising new case law and materials across all contexts examined

An expansion of discussions to encompass crucial new developments since the first edition of the book

This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.

Magnus Strand, Associate Professor of European Law, Uppsala University, Sweden and Ignacio García-Perrote Martínez, Lawyer, Uría Menéndez Abogados SLP, Spain

Contents:
Preface
PART I INTRODUCTION AND BACKGROUND
1 Introduction to the passing-on problem under EU law
2 Effective judicial protection in EU law
PART II PASSING-ON IN ACTIONS AGAINST THE EU
3 Passing-on in damages from the EU
4 Passing-on in other actions against the EU?
PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE
5 Passing-on in restitution from a Member State
6 Passing-on in damages from a Member State?
PART IV PASSING-ON IN HORIZONTAL ACTIONS
7 Passing-on in competition damages
8 Passing-on in other horizontal actions?
PART V PERSPECTIVES AND CONCLUSIONS
9 Comparison and analysis
Index

Erscheinungsdatum	12.12.2023
Reihe/Serie	Elgar European Law and Practice series
Verlagsort	Cheltenham
Sprache	englisch
Maße	169 x 244 mm
Themenwelt	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Zivilverfahrensrecht
	Recht / Steuern ► Wirtschaftsrecht
ISBN-10	1-80392-247-8 / 1803922478
ISBN-13	978-1-80392-247-8 / 9781803922478
Zustand	Neuware