The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive
In March this year, the European Court of Justice (hereinafter “CJ”) answered the first preliminary question regarding the Private Enforcement Directive (“Directive”).1 One might expect this decision2 to remain relevant for the next few years, as it sheds some light on the rather intricate issue of...
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| Format: | Article |
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Universidade Católica Editora
2019-10-01
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| Series: | Market and Competition Law Review |
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| Online Access: | https://revistas.ucp.pt/index.php/mclawreview/article/view/1827 |
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| author | Catarina Vieira Peres |
| author_facet | Catarina Vieira Peres |
| author_sort | Catarina Vieira Peres |
| collection | DOAJ |
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In March this year, the European Court of Justice (hereinafter “CJ”) answered the first preliminary question regarding the Private Enforcement Directive (“Directive”).1 One might expect this decision2 to remain relevant for the next few years, as it sheds some light on the rather intricate issue of the Directive’s temporal application. The CJ explains what rules are applicable to actions for damages regarding infringements which occurred prior either to the Directive’s adoption or to its implementation in the respective Member States. The case is also of major interest since it illustrates the role that the principle of effectiveness can play when applied alongside Articles 101 or 102 of the Treaty on the Functioning of the European Union (“TFEU”).3 Finally, albeit not expressly addressed, the case is also of interest regarding the controversial issue of parent company liability in private enforcement, where it represents a novelty in the Portuguese legal order.
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| format | Article |
| id | doaj-art-01a33263c2aa4773b7d1149bbd50c234 |
| institution | Kabale University |
| issn | 2184-0008 |
| language | English |
| publishDate | 2019-10-01 |
| publisher | Universidade Católica Editora |
| record_format | Article |
| series | Market and Competition Law Review |
| spelling | doaj-art-01a33263c2aa4773b7d1149bbd50c2342025-01-02T23:24:31ZengUniversidade Católica EditoraMarket and Competition Law Review2184-00082019-10-013210.7559/mclawreview.2019.1827The Cogeco Case: The First Preliminary Ruling on the Private Enforcement DirectiveCatarina Vieira Peres0Universidade Católica Portuguesa, Faculdade de Direito In March this year, the European Court of Justice (hereinafter “CJ”) answered the first preliminary question regarding the Private Enforcement Directive (“Directive”).1 One might expect this decision2 to remain relevant for the next few years, as it sheds some light on the rather intricate issue of the Directive’s temporal application. The CJ explains what rules are applicable to actions for damages regarding infringements which occurred prior either to the Directive’s adoption or to its implementation in the respective Member States. The case is also of major interest since it illustrates the role that the principle of effectiveness can play when applied alongside Articles 101 or 102 of the Treaty on the Functioning of the European Union (“TFEU”).3 Finally, albeit not expressly addressed, the case is also of interest regarding the controversial issue of parent company liability in private enforcement, where it represents a novelty in the Portuguese legal order. https://revistas.ucp.pt/index.php/mclawreview/article/view/1827Damages DirectivePrivate enforcementTemporal scopeLimitation periodsPrinciple of effectiveness |
| spellingShingle | Catarina Vieira Peres The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive Market and Competition Law Review Damages Directive Private enforcement Temporal scope Limitation periods Principle of effectiveness |
| title | The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive |
| title_full | The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive |
| title_fullStr | The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive |
| title_full_unstemmed | The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive |
| title_short | The Cogeco Case: The First Preliminary Ruling on the Private Enforcement Directive |
| title_sort | cogeco case the first preliminary ruling on the private enforcement directive |
| topic | Damages Directive Private enforcement Temporal scope Limitation periods Principle of effectiveness |
| url | https://revistas.ucp.pt/index.php/mclawreview/article/view/1827 |
| work_keys_str_mv | AT catarinavieiraperes thecogecocasethefirstpreliminaryrulingontheprivateenforcementdirective AT catarinavieiraperes cogecocasethefirstpreliminaryrulingontheprivateenforcementdirective |