Chair of Public Law

Reforming the European Civil Justice: The case of cross-border private antitrust law actions

Prof. Dr. Florian Becker, LL.M. and Dr. Mihail Danov, LL.M. from Brunel University London, UK will  coordinate the project "Reforming the European Civil Justice: The case of cross-border private antitrust law actions" which is financed by the European Commission.

 

They aim to consider whether the European Union should use the current EU private international law framework with regard to EU competition law claims or rather set up a special Regulation dealing with antitrust proceedings arising in the European context. The proposed research would consider responses to a number of questions and aim at developing a Civil Justice framework that would best encourage private antitrust enforcement in Europe and promote the Tampere objective for abolishing the exequatur.

 

The following questions will be considered: Should the private international law framework be used to implement the post 2003 policy of the European Union favouring private enforcement of EU competition law? Should the Brussels I Regulation have a special basis for jurisdiction in relation to EU competition law claims? Should there be a special Regulation dealing with private EU competition law actions? Should there be a possibility for an appeal to be made by private parties on a point of EU competition law before the Court of First Instance?

 

It is expected that the project will contribute to the development of a genuine European area which would guarantee the uniform and coherent application of the EU competition law provisions. This would certainly improve the daily life of consumers and businesses as they will be able to assert their rights. Other beneficiaries will be research users like the European Commission, policy-makers, legal practitioners, national courts and national competition authorities.

 

The project coordinators plan to do some field work employing qualitative research methods which are meant to test the participants’ attitude and feelings on how the European Civil Justice system needs to be changed. They intend to meet officials, legal practitioners, consumer and industry representatives and other persons interested in a reform of the Civil Justice system, in order to explore the practical problems from the different participants’ points of view. Further, they will organise a workshop and a conference in order to have policy-makers, practising lawyers and other academics involved in the project.

 

The output will be both academic and policy orientated. The main results of the research are intended to be published in a report in which the coordinators will come up with a proposal of how the European Civil Justice system needs to be changed. The academic audience and those who are interested in the subject will be targeted by a conference where the interim results of the research will be presented. Even wider audience will be targeted by three refereed articles, addressing the results of the research, which will be published in leading European legal journals.

 

 

For further information please do not hesitate to contact: Julian Kammin, jkammin(q)law.uni-kiel.de.

 

For further information about our Research Partner Dr. Mihail Danov, LL.M and the Brunel University London please visit: http://www.brunel.ac.uk/.