By Thomas M. J. Möllers, ANDREAS HEINEMANN, Thomas M. J. Möllers
Within the debate at the enforcement of festival legislation, many take the view that Europe should still stay away from the traps US legislation has fallen into through admitting over the top litigation. eu legislation usually are not pave the way in which for judicial court cases which finally serve the pursuits of attorneys or different brokers instead of injured events. This inquiry describes the kingdom of treatments in pageant legislations in fifteen eu nations, analyses the underlying determinants, and proposes methods of bettering the enforcement of pageant legislations. The foreign and ecu criminal frameworks are offered, as is the method of US-American legislations. it truly is argued that efforts to bolster deepest enforcement of antitrust legislations may still enjoy the wealthy eu event in unfair festival legislations. The divergence among the 2 fields of legislation isn't so large totally different remedy is justified. hence, a particularly ecu means of festival legislations enforcement might be built.
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Additional info for The Enforcement of Competition Law in Europe (The Common Core of European Private Law)
12 REMEDIES IN UNFAIR COMPETITION LAW f) Purpose and examined questions in this comparative law study The status of common remedies in the Member States of the EU In accordance with the approach of Schlesinger, this study will start with a description of law as it is applied now, the status quo on a European and a national level. The starting point will be the directives in force since 1984 that set the aims of protection and their enforcement. Common remedies of European law were either introduced by legal harmonization or exist independently from legal harmonization by the European legislature.
Directive 2005/29/EC of the European Parliament and of the Council concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market and amending Directives 84/450EEC, 97/7/EC and 98/27/EC, of May 11, 2005, OJ L 149, 22. Regulation (EC) No. 3(g). 2(o). 2(e). This is especially emphasized by H. Ko¨hler, J. Bornkamm and F. H. III. See E. Keller, in H. Harte-Bavenkamm and F. Henning-Bodewig, UWG (2004), Einl. A note 11; cf. html. Deserving special mentioning for its unique scope are the country reports by G.
Henning-Bodewig, UWG (2004), Einl B note 203. G. Schricker and F. Hennig-Bodewig, Elemente einer Harmonisierung des Rechts des unlauteren Wettbewerbs in der Europa¨ischen Union, comparative law research on behalf of the Ministry of Justice, July 2001 (2001) 47 WRP 1367 (1375). Unfortunately, the authors do not follow up this thesis. APPROACH OF THIS COMPARATIVE STUDY 7 and the abuse of 190-numbers is common. 11 German consumers’ associations ascertain that they are able to record up to 80 per cent of the relevant cases;12 this figure is likely to be too positive.
The Enforcement of Competition Law in Europe (The Common Core of European Private Law) by Thomas M. J. Möllers, ANDREAS HEINEMANN, Thomas M. J. Möllers