The EU Court of Justice AG Rantos suggests that claims for damages are not time-barred as national legislation transposing EU directives are procedural and can therefore apply retroactively (Truck Cartel)

AG Rantos: Temporal scope of the Damages Directive, substantive and procedural provisions and limitation periods* Advocate General Rantos delivered his Opinion in a request of a preliminary ruling by a Spanish court (case C-267/20), the Audiencia Provincial of León, the appellate court in a trucks’ cartel damages claim. In particular, Advocate General Rantos Opinion deals with the temporal scope of application of the Damages Directive; the “substantive” or “procedural” nature of its provisions on limitation periods, the presumption of harm caused by cartels and judicial estimation of damages; and the compatibility of the pre-Directive regime in Spain and, more specifically, the dies a quo in follow-on actions. Given the increasing growth of private litigation against competition law

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Ignacio García-Perrote Martínez, The EU Court of Justice AG Rantos suggests that claims for damages are not time-barred as national legislation transposing EU directives are procedural and can therefore apply retroactively (Truck Cartel), 28 October 2021, e-Competitions October 2021, Art. N° 105821

Visites 171

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues