The passing-on problem in damages and restitution under EU law
Author(s)
Bibliographic Information
The passing-on problem in damages and restitution under EU law
(Elgar European law and practice)
E. Elgar, c2017
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
Passing-on' occurs when harm or loss incurred by a business is passed on to burden that business's customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will a possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.
Key features of this book include:
* specific EU law focus and guidance that will be relevant to lawyers throughout the EU
* a multi-faceted analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain
* practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts.
This timely work will be an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.
Table of Contents
Contents: Preface PART I INTRODUCTION AND BACKGROUND 1. Introduction 2. Effective Judicial Protection in EU Law PART II PASSING-ON IN ACTIONS AGAINST THE EU 3. Passing-on in Damages from the EU 4. Passing-on in Other Actions Against the EU? PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE 5. Passing-on in Restitution from a Member State 6. Passing-on in Damages from a Member State? PART IV PASSING-ON IN HORIZONTAL ACTIONS 7. Passing-on in Competition Damages 8. Passing-on in Other Horizontal Actions? PART V PERSPECTIVES AND CONCLUSIONS 9. Comparison and Analysis Index
by "Nielsen BookData"