The Passing-On Problem in Damages and Restitution under EU Law

Hardback

The Passing-On Problem in Damages and Restitution under EU Law

Second Edition

2nd edition

9781803922478 Edward Elgar Publishing
Magnus Strand, Associate Professor of European Law, Uppsala University, Sweden and Ignacio García-Perrote Martínez, Lawyer, Uría Menéndez Abogados SLP, Spain
Publication Date: 2023 ISBN: 978 1 80392 247 8 Extent: 512 pp
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

Copyright & permissions

Recommend to librarian

Your Details

Privacy Policy

Librarian Details

Download leaflet

Print page

More Information
Contents
More Information
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.

Key Features:
• A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU
• A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain
• Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts
• Extensive updates comprising new case law and materials across all contexts examined
• An expansion of discussions to encompass crucial new developments since the first edition of the book

This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.
Contents
Contents:
Preface
PART I INTRODUCTION AND BACKGROUND
1 Introduction to the passing-on problem under EU law
2 Effective judicial protection in EU law
PART II PASSING-ON IN ACTIONS AGAINST THE EU
3 Passing-on in damages from the EU
4 Passing-on in other actions against the EU?
PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE
5 Passing-on in restitution from a Member State
6 Passing-on in damages from a Member State?
PART IV PASSING-ON IN HORIZONTAL ACTIONS
7 Passing-on in competition damages
8 Passing-on in other horizontal actions?
PART V PERSPECTIVES AND CONCLUSIONS
9 Comparison and analysis
Index
eBook for individuals
978 1 80392 248 5
From $228.00
Click here for options
eBook for library purchase
978 1 80392 248 5
View sample chapter and check access on:
eBook options

Available for individuals to buy from these websites

Or recommend to your institution to acquire on Elgaronline
  • Buy as part of an eBook subject collection - flexible options available
  • Downloading and printing allowed
  • No limits on concurrent user access, ideal for course use
My Cart