ARTICLES: EUROPEAN UNION - PRIVATE ENFORCEMENT - DAMAGES

The international aspects of private enforcement after the Directive 2014/104/EU: Gaps in the EU system and competition between national laws?

Directive 2014/104, i.e. the ’Damages Directive’, is currently being transposed into national law. The aim of this directive is admittedly not to solve the issues of private international law arising from actions for damages; however, its provisions will likely increase these issues in the context of cross-border actions. The recent rulings of the Court of Justice, far from settling this question, only emphasize these difficulties.

Introduction 1. Fifteen years after the famous Courage decision [1] and following the discussion launched by the Green Paper [2] then the White Paper [3], an increase of damages actions has been observed in many Member States, mainly in the Netherlands, Germany, the United Kingdom, but also in Italy, France and other countries [4]. It is now possible to say that private enforcement (in the US sense [5]) is starting to become a reality. However, in many cases, such as follow-on actions in cartel cases prohibited by the Commission, there are international aspects, which have not been seriously examined in the proposal for a directive and are not covered by Directive 2014/104/UE [6]. 2. According to the Commission, it was not necessary to deal with these international aspects since all

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  • University Paris II Panthéon‑Assas

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Laurence Idot, The international aspects of private enforcement after the Directive 2014/104/EU: Gaps in the EU system and competition between national laws?, May 2017, Concurrences Review N° 2-2017, Art. N° 83833, www.concurrences.com

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