scholarly journals Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries

2017 ◽  
Vol 10 (5) ◽  
pp. 147-175
Author(s):  
Ana Vlahek ◽  
Klemen Podobnik
Keyword(s):  
European Union ◽  
Competition Law ◽  
Antitrust Enforcement ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
Public And Private ◽  
General Rules ◽  
Limitation Periods

The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.

scholarly journals Due Diligence Driving the Success of Mergers and Acquisitions in Macedonia

2016 ◽  
Vol 6 (2) ◽  
pp. 1
Author(s):  
Dushica Stevchevska Srbinoska
Keyword(s):  
European Union ◽  
Mergers And Acquisitions ◽  
Due Diligence ◽  
The European Union ◽  
Public And Private ◽  
Republic Of Macedonia ◽  
Communications Industry ◽  
Potential Risks ◽  
The Republic ◽  
Set Up

The act of due diligence is of vital importance when considering the possibility to enter the Macedonian market through merger and/or acquisition transactions. In this paper, I discuss that due diligence helps reduce potential risks or even results with curtailing the transaction as most of the Letters of intent never come to life. Many Macedonian entities, both public and private, operate in an environment considerably different to the European Union economies, a fact that inspires many questions with potential investors, especially in those who come from the European Union. If proper preparation takes place, and the expectations and processes are duly taken into account, successful merger and/or acquisition can be conducted in the Republic of Macedonia in spite of facing numerous difficulties.  Finally, I discuss that several suggestions/factors can maximize the chances of success, demonstrated with the example of due diligence process set-up prior to the one.Vip merger that marked the Macedonian communications industry in 2015.

scholarly journals Contentious Citizenship: Feminist Debates and Practices and European Challenges

2009 ◽  
Vol 92 (1) ◽  
pp. 108-128 ◽  
Author(s):  
Emanuela Lombardo ◽  
Mieke Verloo
Keyword(s):  
European Union ◽  
The European Union ◽  
Public And Private ◽  
The Public ◽  
The Creation

Citizenship is both a contentious and contested struggle about the creation of rights, duties, and opportunities. Feminist practices and debates can clarify the meaning of citizenship. This is because the form of feminist practices, characterized by an ongoing struggle, and the content of feminist debates, focusing on gender and other inequalities, recognition of different voices, and critiques of the public and private dichotomy, are particularly suited for dealing with the challenges of contentious and contested processes of citizenship. We argue more specifically that feminist debates and practices provide fruitful contributions for the citizenship challenges that the European Union must face.

Regulating Medical Devices in the European Union

2020 ◽  
Author(s):  
Aurélie Mahalatchimy
Keyword(s):  
European Union ◽  
Medical Devices ◽  
The United States ◽  
The European Union ◽  
Public And Private ◽  
European Regulatory ◽  
Notified Body ◽  
Private Actors ◽  
Intended Use ◽  
The Eu

This chapter addresses the regulation of medical devices in the European Union. The overall goals of the European regulatory framework for medical devices are the same as the goals of the framework for medicines. It aims to protect public health by ensuring that medical devices are of good quality and safe for their intended use. However, the regulation of medical devices in Europe is very different from the regulation of medicines in two regards. First, unlike medicines, there is no pre-market authorisation by a regulatory authority for medical devices to lawfully enter the EU market. Second, unlike in the United States where the Food and Drug Administration is the primary regulator of devices throughout the nation, the European Union does not have a single regulator of medical devices. Instead, several organisations may be involved, and mainly a notified body in specific cases. The chapter then explains what constitutes a medical device in the EU and how devices are classified according to their level of risk in the EU. It then discusses how medical devices reach the market, how their risks are managed all along their lifecycle, and what kinds of incentives are provided for innovation and competition. The chapter also analyses the balance between public and private actors in the regulation of medical devices. It then concludes with case studies of innovative medical technologies that have challenged the traditional European regulatory scheme and that have led to many revisions in the 2017 device regulations.

scholarly journals The Multiplier Effect of European Union Funds in the Alentejo Region, Portugal, Between 2014-2020

2021 ◽  
Vol 7 (1) ◽  
pp. 12
Author(s):  
Diamantino Ribeiro ◽  
Natacha Jesus-Silva ◽  
João Ribeiro
Keyword(s):  
European Union ◽  
Information And Communication Technologies ◽  
Private Investment ◽  
Communication Technologies ◽  
The European Union ◽  
Investment Funds ◽  
Public And Private ◽  
Information And Communication ◽  
Partnership Agreement ◽  
Tagus Valley

The Partnership Agreement established between the European Union and the Member States for the implementation of the European Structural and Investment Funds for the period 2014-2020 has come to an end. It is, therefore, important to understand what impact the Partnership Agreement had on public and private investments in the different Portuguese regions. Support for regional investment has allowed the construction or modernization of collective infrastructures, such as schools, promotion of cultural and natural heritage, investment in energy efficiency, investment in Information and Communication Technologies (ICT) for public services, develop research and development initiatives, as well as urban rehabilitation and mobility. This also includes investments of intermunicipal and business nature. This paper is part of an extended study that analyses the multiplier impact of the application of European Union funds in public and private investment in the 7 Portuguese regions: Porto and North of Portugal, Centro, Lisbon and Tagus Valley, Alentejo, Algarve, Azores and Madeira. In this article we analyse the multiplier impact of the investment of the European funds allocated to the Alentejo Region, in Portugal, under the H2020 Program until the month of March 2020.

scholarly journals Quantification of Harm and the Damages Directive: Implementation in CEE Countries

2017 ◽  
Vol 10 (5) ◽  
pp. 111-131
Author(s):  
Valentinas Mikelėnas ◽  
Rasa Zaščiurinskaitė
Keyword(s):  
European Union ◽  
Case Law ◽  
Private Enforcement ◽  
Antitrust Enforcement ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
National Courts ◽  
General Rules ◽  
Full Compensation

Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.

scholarly journals Financial Aspects of the European Green Deal

2021 ◽  
pp. 13-23
Author(s):  
M. Strezhneva
Keyword(s):  
European Union ◽  
Energy Transition ◽  
Clean Energy ◽  
The European Union ◽  
Economic Activities ◽  
Public And Private ◽  
Financial Decisions ◽  
Environmental Objectives ◽  
The Usa ◽  
The Eu

The climate policy of the European Union became the key priority for the European Commission, headed by Ursula von der Leyen. This article analyses both its internal and external dimensions, while concentrating on the finances of the European Green Deal, the multiyear strategy for the EU socio-economic development. The methods are demonstrated which the EC employs to mobilize public and private capital for the realization of the green transit, including the financial instruments designed to assist businesses when investing in clean energy and industry. The notion of ‘sustainable’ investment is specified that Brussels is guided by when working out its financial decisions. The EU taxonomy, a green classification system that translates the EU's climate and environmental objectives into criteria for specific economic activities for investment purposes, is presented. The research reveals how the market and regulatory powers of the EU are brought to bear in rolling out its controversial Carbon Border Adjustment Mechanism. By means of this transnational taxation Brussels hopes to avoid carbon leakage: the situation that allegedly may occur if European carbon-intensive businesses were to transfer production to other jurisdictions with laxer emission constraints. Yet a lack of flexibility in applying the CBAM is causing concern in many countries of the world, including the USA, Brazil, South Africa and China. In EU-Russia relations in particular, it risks increasing political tensions and/or causing trade retaliation due to low levels of mutual trust. Russia developing energy transition plans of her own, her efforts in this respect are now visibly stimulated by the declared EU intention to externalize its regulatory practices. At the same time, Moscow perceives this externalization as an imposition which is most unwelcome and hurts Russia disproportionally. Presumably, the European Union could put more effort in negotiating and developing this latest European initiative with international partners to win new willing ears for it.

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