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: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms 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.
Article 340 TFEU, which provides a method of compensation for victims of the Commission’s errors, is invoked as the basis for actions against Commission decisions under the Merger Control Regulation. Accordingly, the rules of procedure of the Community Courts come into play. This probing analysis asks the important questions: What limits can be imposed on the discretion of the Community Courts acting within their own rules of procedure? Is the manner in which the Court of Justice interprets those rules sufficient? Focusing on the crucial Court responsibilities of investigating facts and assessing economic damage in relation to the type of non-contractual liability apparent in antitrust cases, the author convincingly demonstrates that the scope for ‘case management’ by the Courts is strictly limited, and may engender information or evidentiary deficits that contravene ECHR Art 6.1 as well as the principles of effective judicial protection and rectitude of decision. A claim for compensation pursuant to Art 340 TFEU may be struck merely because the basic elements of the cause of action cannot be established to a minimal level.
EU Directive 2004/48 EC obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide what may be termed a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. However, the Directive is not faring well at the Member State level. The three authors' vastly detailed, article-by-article analysis of the fortunes of Directive 2004/48 EC 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. The particular investigation undertaken here reveals three paradigmatic situations: the situation in which the Directive has not been implemented at all, either because the Member State believes that its current legislation is adequate or that the wording of the Directive is such that no special legislation is required (England); the situation in which implementation has been inadequate, because either the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain (The Netherlands); and the situation in which the relevant time for implementation for the Directive has elapsed and no specific legislation has been adopted (Germany). 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 remedial approach, Cummings shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpretation of the precise meaning of the substantive obligations under the Directive. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the author considers the conditions that must be fulfilled before an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation of a directive, may bring an action against the State for breach of Community law. The author presents his analyses of the implementation of the Directive in Dutch and English national procedure and his proposals for German implementation 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.
Americans hate and distrust their government. At the same time, Americans love and trust their government. These contradictory attitudes are resolved by Fletcher's novel interpretation of constitutional history. He argues that we have two constitutions--still living side by side--one that caters to freedom and fear, the other that satisfied our needs for security and social justice. The first constitution came into force in 1789. It stresses freedom, voluntary association, and republican elitism. The second constitution begins with the Gettysburg Address and emphasizes equality, organic nationhood, and popular democracy. These radical differences between our two constitutions explain our ambivalence and self-contradictory attitudes toward government. With September 11 the second constitution--which Fletcher calls the Secret Constitution--has become ascendant. When America is under threat, the nation cultivates its solidarity. It overcomes its fear and looks to government for protection and the pursuit of social justice. Lincoln's messages of a strong government and a nation that must "long endure" have never been more relevant to American politics. "Fletcher's argument has intriguing implications beyond the sweeping subject of this profoundly thought-provoking book."--The Denver Post
You may be told perhaps that there is no good to be obtained from tales of fighting and bloodshed—that there is no moral to be drawn from such histories. Believe it not. War has its lessons as well as Peace. You will learn from tales like this that determination and enthusiasm can accomplish marvels, that true courage is generally accompanied by magnanimity and gentleness, and that if not in itself the very highest of virtues, it is the parent of almost all the others, since but few of them can be practiced without it. The courage of our forefathers has created the greatest empire in the world around a small and in itself insignificant island; if this empire is ever lost, it will be by the cowardice of their descendants. At no period of her history did England stand so high in the eyes of Europe as in the time whose events are recorded in this volume. A chivalrous king and an even more chivalrous prince had infected the whole people with their martial spirit, and the result was that their armies were for a time invincible, and the most astonishing successes were gained against numbers which would appear overwhelming. The victories of Cressy and Poitiers may be to some extent accounted for by superior generalship and discipline on the part of the conquerors; but this will not account for the great naval victory over the Spanish fleet off the coast of Sussex, a victory even more surprising and won against greater odds than was that gained in the same waters centuries later over the Spanish Armada. The historical facts of the story are all drawn from Froissart and other contemporary historians, as collated and compared by Mr. James in his carefully written history. They may therefore be relied upon as accurate in every important particular.
Long before sound became an essential part of motion pictures, Westerns were an established genre. The men and women who brought to life cowboys, cowgirls, villains, sidekicks, distressed damsels and outraged townspeople often continued with their film careers, finding success and fame well into the sound era--always knowing that it was in silent Westerns that their careers began. More than a thousand of these once-silent Western players are featured in this fully indexed encyclopedic work. Each entry includes a detailed biography, covering both personal and professional milestones and a complete Western filmography. A foreword is supplied by Diana Serra Cary (formerly the child star "Baby Peggy"), who performed with many of the actors herein.
John Morris Wampler was a topographical engineer in the Provisional Army of the Confederate States and eventually became chief engineer of the Confederate Army of Tennessee. Based on extensive use of Wampler's unpublished correspondence and journals, the biography follows his experiences before hostilities and then during the war in both major theaters. It also draws on the writings of his wife, Kate, to show how she struggled to hold their family together during the fighting. The combination of both the husband and wife's perspectives on the war makes this treatment unique."--Jacket.
Wright vividly portrays the clash between racist militants and blacks who would not submit to terror. The book makes clear the brutality concealed beneath the surface veneer of moderation." -- Journal of Southern History In this investigative look into Kentucky's race relations from the end of the Civil War to 1940, George C. Wright brings to light a consistent pattern of legally sanctioned and extralegal violence employed to ensure that blacks knew their "place" after the war. In the first study of its kind to target the racial patterns of a specific state, Wright demonstrates that despite Kentucky's proximity to the North, its black population was subjected to racial oppression every bit as severe and prolonged as that found farther south. His examination of the causes and extent of racial violence, and of the steps taken by blacks and concerned whites to end the brutality, has implications for race relations throughout the United States.
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.