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Following two previous reports relating to "Personal Injury Awards
in EU and EFTA Countries" this text undertakes further research
into the subject. The report provides a guide to an understanding
of the personal injury awards system in both the European Union
(EU) and European Free Trading Area (EFTA), and looks at the
changes that have taken place since 1991. The research compares the
levels of compensation awarded to individuals within the member
states and sets out recommendations for future procedures.
Schedules, tables, graphs and commentary in the report demonstrate
findings of each country's method of calculation and the
compensation levels which could be expected by two types of
hypothetical victim. The information provides a comparison of
levels of compensation awarded for personal injury in each of these
member countries. As yet, no provision has been made for
harmonization of levels of awards in the EC and there are no draft
directives or intended draft directives aimed at bringing about
uniformity. Research shows that compensation awards vary
considerably from country to country, which has an obvious bearing
on legal advice to clients concerning where claims should be heard.
Levels of award everywhere are influenced by the age and financial
status of the injured party, but such factors are weighted
differently in each country. In addition, awards for any one type
of injury vary between jurisdictions. In order to offer a client
the best possible advice on where to sue; a lawyer must be able to
compare the levels of awards in the various countries. Large
discrepancies between Italian and French awards are revealed as a
consequence of the tragic Mont Blanc tunnel fire: Italian awards in
fatal cases, depending on the personal status of the victim, are
three to four times higher than the equivalent French awards. The
text covers 20 jurisdictions, including a separate section on
Scotland. It looks in detail at the methods of calculation in each
member state by reference to schedules, tables, graphs and
commentary on each country's system and the compensation levels
which could be expected by two types of hypothetical victim.
Potential awards to a married male doctor with two children are
compared with those to an unmarried female legal secretary for 14
types of injury in each of these countries. For example, an
unmarried female legal secretary with an injury that results in
blindness will collect #610,469 in Italy, which is the largest
award for that injury in the EU, and #100,000 in Austria, which is
one of the smallest. If the legal secretary died, she would be
worth 140 times more in Italy than in England. The text has added:
exchange rate analyses and inflation comparisons across Europe;
further categories of common injuries, namely, deafness, the
concept of repetitive strain for several EU & EFTA countries
and a schedule for stress (for England and Wales only); block
graphs to cover more injuries; and an analysis of the changes which
have taken place since the original survey and the survey for the
second edition (1994) were carried out.
Over the last three years, the anti-trust environment in Europe has
undergone major changes, as the so called process of modernisation
gathers pace. In May 2004, the European Commission lost its
exclusive jurisdiction to deal with restrictive agreements and
dominance. As a result EU Member States' national competition
authorities acquired the power to implement European competition
rules, as embodied in Articles 81 and 82 of the EC Treaty. This
decentralisation of power means that companies operating in several
Member States must be aware of each jurisdictions' relevant
competition rules to ensure full compliance. Those wishing to
complain about anti-competitive practices can now choose between
different national competition authorities. Being able to identify
the strengths and weaknesses of different competition regimes is
therefore important for both those who wish to ensure compliance
and those who want to complain about anti-competitive activities.
However by outsourcing the burden of implementing the anti-trust
rules, some wonder whether the EU's competition regime has taken a
step closer to the US regime. Since 1 May 2004 we have been waiting
for an explosion of cases in the national courts based on breaches
of the competition rules. To date this has not happened. Is this
because of obstacles such as the lack of treble damages, class
actions and contingency fees? As a result of the above changes,
advising on competition issues in Europe requires not only an
understanding of the competition rules in each jurisdiction, but
also an understanding of how the national courts deal with
competition cases. The second edition of "A Practical Guide to
National Competition Rules across Europe" aims to address these
issues. Firstly it provides practical information on the
competition regimes (including merger control) in each of the EU
member states as well as Norway and Switzerland. Secondly it
analyses the civil procedure rules in each jurisdiction and
considers the extent to which competition litigation is likely to
increase in the future. Each country chapter has been prepared by
experienced competition lawyers. The second edition of the guide
also includes a comparable analysis of the competition rules in
Europe with those in other jurisdictions including Australia,
Canada, Japan, and the United States. Marjorie Holmes is an
experienced competition lawyer and litigator and Lesley Davey, a
competition lawyer, both from Reed Smith Richards Butler LLP, draw
on the information provided in each of the country chapters to
reach interesting and important conclusions and recommendations.
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