CASE COMMENTS : PROCEDURE – PRIVATE ENFORCEMENT – CLAIM FOR DAMAGES INTRODUCED BY THE EU – EFFECTIVE JUDICIAL PROTECTION – EQUALITY OF ARMS

Private enforcement: The Court of Justice recognizes the Commission’s right to claim and obtain damages for its own loss caused by a cartel (Europese Gemeenschap/Otis)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 6 November 2012, Europese Gemeenschap v Otis and Others, Case C-199/01 Are the European Community, as a legal person, and the European Union which succeeded it (hereinafter the Union) applicants in the field of 'private enforcement' before the national courts in the same way as the others? That is what is at stake in this case and in the questions referred to the Court for a preliminary ruling by the Belgian referring court. In February 2007, the Commission sanctioned a cartel of ascending skiers (Com. Dec., 21 Feb. 2007, Case COMP/E-1/38.823). The Commission considered that the ascent operators had divided up tenders and other contracts in Germany

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Alexandre Lacresse, Private enforcement: The Court of Justice recognizes the Commission’s right to claim and obtain damages for its own loss caused by a cartel (Europese Gemeenschap/Otis), 6 November 2012, Concurrences N° 1-2013, Art. N° 50702, pp. 165-167

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