Sin categoría – Judicial Competition Training

2 November, 2021

Advocate General’s Mr. ATHANASIOS RANTOS opinion in Case C-267/20 Volvo and DAF Trucks. AG Application ratione temporis of Directive 2014/104. Opinions: 1. Determining which provisions of the directive are substantive or procedural must be assessed in the light of EU law and not in the light of national law. 2. Limitation period is a matter of substantive law. 3. Five-year limitation period provided for in Directive 2014/104 does not apply to an action brought after its transposition concerning previous facts and penalties. 4. Directive’s presumption that cartel infringements cause harm, is substantive. 5. Directive’s provisions concerning the courts’ power to assess the harm caused are procedural. 6. Dies a quo of the limitation period begins to run from the date of publication of the summary of the Commission decision in the Official Journal of the European Union. (JIRP).

Remember that Advocates General function is propose to the Court a not binding legal solution to the cases for which they are responsible. The Advocate General […]

2 November, 2021

Advocate General’s Mr. ATHANASIOS RANTOS opinion in Case C-267/20 Volvo and DAF Trucks. AG Application ratione temporis of Directive 2014/104. Opinions: 1. Determining which provisions of the directive are substantive or procedural must be assessed in the light of EU law and not in the light of national law. 2. Limitation period is a matter of substantive law. 3. Five-year limitation period provided for in Directive 2014/104 does not apply to an action brought after its transposition concerning previous facts and penalties. 4. Directive’s presumption that cartel infringements cause harm, is substantive. 5. Directive’s provisions concerning the courts’ power to assess the harm caused are procedural. 6. Dies a quo of the limitation period begins to run from the date of publication of the summary of the Commission decision in the Official Journal of the European Union. (JIRP).

Remember that Advocates General function is propose to the Court a not binding legal solution to the cases for which they are responsible. The Advocate General […]