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Article 234 and Competition Law - An Analysis (Hardcover)
Loot Price: R6,918
Discovery Miles 69 180
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Article 234 and Competition Law - An Analysis (Hardcover)
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It is a truism that almost all the major principles established by
the ECJ have been decided in the context of a reference to that
court for a preliminary ruling under Article 234 (ex 177) EC.
Article 234 facilitates a dialogue between the national courts and
the ECJ in order to allow national courts to seek guidance on the
appropriate interpretation of Community law principles in a
particular legal dispute. From a Community perspective, this
process should enhance the uniform and consistent interpretation of
Community law throughout the national courts. This book adds to a
growing body of literature on the ECJ's role in developing
Community law and comprises quantitative and qualitative aspects.It
is based on collaborative research, involving 14 Member States,
which focused on the Article 234 procedure in relation to
competition law and State aid cases. Rapporteurs were appointed in
each Member State from which any Article 177/234 references had
been made in relation to competition law or State aid. The results
presented here follow up competition law-related Article 234
rulings to their domestic legal context, to ascertain what happened
in the subsequent legal phase, when parties seek to enforce their
rights or rely on other party's obligations, on the basis of the
ruling by the ECJ.Each national report is built on a questionnaire
seeking information on a range of issues relative to every
competition law-related ruling by the ECJ in references from that
Member State's courts, including the following: the number of
rulings in relation to that Member State; the dates of all rulings;
details of the case background, reference questions, and the ECJ
ruling for each case; and information, where available, on each
post-ruling process. The research is comprehensive in reviewing all
competition law-related rulings to 1 May 2004, and pioneering as
being the first systematic attempt to collate detailed information
on all relevant cases, including crucially the post-ruling process.
This research is an important contribution to the literature on the
ECJ and its role in developing a competition culture across the
Community. Moreover, the importance of ensuring consistency and
uniformity in the implementation of EC competition law by national
courts has been given added significance following the accession of
new Member States. In light of these factors, this book will serve
as a reliable groundwork for further studies of the development of
European integration, particularly as it focuses on competition
law, an area of ever-increasing significance and importance. It is
also of distinctive value to practitioners seeking precedents or
juridical context on which to build arguments in European
competition law.
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