Posts Tagged : Directive

Truck cartel: The León Court of Appeals rules in accordance with the CJEU’s interpretation

RM vs DAF TRUCKS and VOLVO AB The implementation of Directive 2014/104, designed to regulate tort actions for competition law infringements, gave rise to several interpretational challenges around Article 22, which establishes a prohibition on the retroactive application of the Directive’s substantive provisions. The key issue was to determine which provisions were substantive and which were not. In the context of this interpretational problem, the Provincial Court of León referred a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling that would clarify certain questions that were not entirely made clear regarding the characteristics…

Collective redress is now a reality in the EU; does it affect Legal Finance?

Collective redress or collective litigation is a legal proceeding where multiple claimants with similar o related claims group together to pursue legal actions against the same defendant or defendants. This common figure known as the “class action” under US Law was not an option under certain EU jurisdictions, until just recently. A new Directive —approved by the European Parliament on November 24—, allowing Collective redress in the European Union is going to change the litigation landscape. The new legislation lays a foundation for representative action in all member states, guaranteeing better protection to consumers against domestic and cross-border “mass harm”,…