Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: - standing; - disclosure and access to evidence; - burden of proof; - fault/no fault; - costs of damages actions; - injunctions; - civil versus administrative enforcement; - limitations; - leniency programmes; - collective actions; - confidentiality; and - forms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.

European competition law has been increasingly subject to two complementary forces: decentralisation and harmonisation. In the course of this process, certain procedural elements have come to the fore as constituting impediments to the enforcement of Articles 81 and 82 EC in terms of actions for damages. While ECJ case law appears to establish a type of 'minimum' enforcement in this area, the far-reaching analysis presented in this book shows how an 'adequate' or even 'optimal' degree of enforcement may be achieved by effecting a choice between competing procedural solutions. Focusing on rules of civil procedure used by the ordinary courts of England, France, and Germany, the authors show how basic principles - such as protection of the rights of the defence, legal certainty, and proper conduct of the procedure - facilitate the application of the doctrines of effectiveness and non-discrimination to those elements of the national procedure which impede in some manner the effective enforcement of Articles 81 and 82 EC. Their in-depth analysis ranges over procedural aspects of such elements as rules of evidence, costs, expert testimony, injunctions, burden of proof, limitations, and forms of compensation, ultimately leading them to propose clear modifications of certain rules of national procedure that go a long way toward ensuring adequately effective enforcement. This remarkable book breaks through an impasse in European competition law. It serves to steady the balance which has been sought between the different actors of the procedure in each of the national systems studied. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide by reason of its clear presentation, its clarification of doctrine, and its analysis of national and European case law.

Questions of admissibility surrounding expert evidence have always bedevilled the judiciary. However, statutory language and rules of procedure, conscientiously interpreted and applied to the use of expert evidence, can go a long way towards achieving rectitude of decision where judgement requires knowledge not necessarily possessed by the jurists responsible for trying the case. In this remarkable work of analysis and commentary, George Cumming takes the position that the prominent international courts of Europe fail to follow their own rules of procedure in the use of expert opinion, thus potentially breaching the express right to a fair trial embodied within Article 6 (1) ECHR.

Recital 7 of the EU Directive on the Enforcement of Intellectual Property Rights (Directive 2004/48/EC) argues that 'the disparities between the systems of the Member States as regards the means of enforcing intellectual property rights are prejudicial to the proper functioning of the internal market'. Accordingly, the Directive obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. This book examines the scope of the Member States' obligations to implement the Directive and provides valuable guidance regarding the interpretation of the provisions therein. If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective approach, Cumming shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpreting the precise meaning of the substantive obligations under the Directive. The three authors' vastly detailed, article-by-article analysis of the fortunes of the IP Enforcement Directive in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. More than once, the authors argue that implementation is inadequate, either because the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the authors examine the available options for an interpretation of national law which is consistent with the requirements of the IP Enforcement Directive. They further consider whether an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation the Directive, may bring an action against the State for breach of Community law.The authors present their analyses of the implementation of the Directive in Dutch, English and German national procedure as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

In the Old Testament, an anointed one would be a king or a member of the temple hierarchy, such as a priest or a Levite. In the New Testament, Paul introduced an entirely different understanding of Christ. A Christ of God was anyone anointed with the life of God as His offspring, whether or not that the person was aware of being a child of God. The word "Christian" applied only to those who chose to be born again by being raised from the dead. Thus, we must let go of the life we have been living in order to take on the life of God. We are then a Christ of God, just as Jesus was a Christ of God. In a detailed study of this concept, the Reverend Canon George Cummings contextualizes his lifelong reading and study of the Scriptures, following the thread of the message of the Gospel from its origin in the Old Testament to its triumphant re-emergence and re-signification in the writings the New Testament. Drawing upon his years of reflection and use of Greek text, Cummings posits a conception of the presence of God as Christ in us, so that we might live the life of God as it is revealed in the person of Jesus, the Messenger of the New Covenant.