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Scope of liability for breach of EU competition rules
Pipková, Petra Joanna ; Tichý, Luboš (advisor) ; Bejček, Josef (referee) ; Král, Richard (referee)
Scope of liability for breach of EU competition rules JUDr. Petra Joanna Pipková, LL.M.eur The purpose of the thesis is finding of an effective instrument of defining the scope of liability for breach of EU competition law and the actual definition of the scope of liability. In particular, the thesis aims to prove that, contrary to the prevailing view, only direct victims of violation of EU competition rules should be compensated. The thesis is divided into four chapters; the first being devoted to the general methodology of the thesis, private and public enforcement of competition law and to the claim for damages under the EU law. The analysis of private and public enforcement of competition law is an important basis for the whole thesis. The question to which extent the damages claim are important for the enforcement of competition law determines the function of damages claims in the area of competition law. The thesis arrives at the belief that private enforcement is not the main tool fir the enforcement of EU competition law. However, it is a very important tool. The following chapter focuses generally on damages claims in the area of competition law (the foundation of the claim for breach of competition law, of the claim for breach for unfair competition law and of the claim for breach of morality)....
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Main Consequences of Violation of EU Law by Member States
Neubauer, Jindřich ; Král, Richard (advisor) ; Smolek, Martin (referee) ; Scheu, Harald Christian (referee)
Ph.D. Thesis Abstract Title: Main Consequences of Violation of EU Law by Member States Author: Jindřich Neubauer Supervisor: doc. JUDr. Richard Král LL. M. This Ph.D. Thesis deals with the main consequences of violations of EU law by Member states of European Union. It focuses mainly on the two most important instruments foreseen by EU law for ensuring proper application of EU norms. The first is the principle of state responsibility for breach of EU law. The second is infringement procedure based on articles 258 - 260 of the Treaty on the functioning of the European Union (hereinafter "TFEU"). The aim of this Thesis is to describe and analyze two relatively independent but linked tools which ensure fulfillment of obligations arising from EU law. The importance of such analysis is clear from the high number of infringement proceedings initiated every year against the Czech Republic and current discussions about how to transpose the principle of member-state liability for breach of EU law into the national legal order. The understanding of such tools is necessary for the successful professional defence of member states' interests before the Court of justice of the European Union (hereinafter "CJEU"). It is also necessary to reflect on and examine major changes in European law which have occurred through...
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Private Enforcement of EU Competition Law
Šimeková, Zuzana ; Král, Richard (advisor) ; Šmejkal, Václav (referee) ; Svobodová, Magdaléna (referee)
1 Thesis Summary Private Enforcement of EU Competition Law Zuzana Šimeková 1. Starting points and goals of the thesis The main goal of my thesis is the application of the ever-evolving contemporary issues of private enforcement of the EU competition law, its developments in the legislative area and the decision- making practice of the European Commission and the Court of Justice of the European Union (the ECJ) to the pharmaceutical sector area. As regards the functioning of competition rules, the pharmaceutical sector found itself in the cross-hairs of the European Commission fairly recently. Its efforts resulted in the Pharmaceutical Sector Inquiry Final Report of 8 July 2009 (the Final Report). The primary subject-matter of my thesis is the assessment of the competition relationship dynamic between the originator and generic pharmaceutical companies, especially the degree by which the conduct by the originator pharmaceutical companies can delay market entry by the generic pharmaceutical companies and thereby negatively affect the consumers by (among other things) limiting availability of cheaper drugs. Despite the expectations of legal practitioners and academia, the European Commission did not rule in the Final Report whether the discovered conducts constitute violations of the EU competition law. The...
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Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings
Němečková, Petra ; Tomášek, Michal (advisor) ; Král, Richard (referee) ; Smolek, Martin (referee)
v anglickém jazyce - English abstract Protection of Right to Fair Trial in Relation to Preliminary Ruling Proceedings Right to fair trial is one of fundamental human rights, which enables individuals to effectively invoke their rights and freedoms before a lawful, impartial and independent court. In Europe, the protection of this right is guaranteed at a multi-layer level, whose layers interact: first layer is formed by constitutional orders of individual States, second layer by institutions of European Union, in particular the Court of Justice of the European Union, and a third one, that of the European Court for Human Rights. In the European Union, the Treaties have introduced the mechanism of preliminary ruling with the aim of preserving unity within the Union and of ensuring coherent interpretation and application of European law by the courts of the Member States. Preliminary ruling proceedings ensure effective cooperation between national courts and the Court of Justice of the European Union. Art. 267 TFEU provides for an obligation to request a preliminary ruling for national courts of last instance (if none of the CILFIT case law conditions is met). Breach of this obligation may entail violation of right to fair trial at all three layers of human rights protection in Europe. Each European...
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Omission of EU's member states leading to the liability for damage
Škarpichová, Jarmila ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
OMISSION OF EU's MEMBER STATES LEADING TO THE LIABILITY FOR DAMAGE RESUMÉ This thesis deals with the responsibility of the member states of EU for damages caused by failure of member states. Both problems are solved in this work, as general requirements for liability relationship, as description of these failures modes with numerous references to case law of the European Court of Justice. Indeed, case law represented a huge range of sources for this thesis. To sum up the work into several points, we can start by making a breakthrough in the issue of liability in the European Union which Francovich case meant. This case established the rule that it is the responsability of member states to implement EU law properly and in time and provide protection to the rights that follow these standards. This rule was followed by other cases which are called "the first generation of cases liability" by many authors. Typical liability sentence: unlawful act (caused by the EU's institution), the damage suffered by the other party and the causal nexus, was subsequently supplemented by the Schöppenstedt criterion, which established the rule that during the process of adopting EU's legislation must be sufficiently serious breach of the law standards, which serves to protect the individual. The last unification of the...
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Historical development of the concept of free movement of persons in European law
Vejsadová, Ivana ; Tomášek, Michal (advisor) ; Král, Richard (referee)
The historical evolution of the concept of free movement of persons within the European law Abstract The thesis focused on what for us, citizens of the European Union means the free movement of persons and how the content of this concept has changed and is still changing, depending on the key documents adopted by the European Union and the decisions of the Court of Justice of the European Union. In the first chapter you can find the historical overview of the most important treaties and legislative acts of the European Union, which affected the evolution of the free movement. In subsequent chapters the focus is on case law of the Court, the case studies, where we see a shift in the understanding of freedom of movement of persons as a fundamental freedom .Originally the term was used only in connection with economically active persons, i.e. workers, self-employed persons and legal entities that have benefited from freedom of establishment in Member States of the European Union. Later, thanks to the European Union citizenship, the freedom of movement was extended to all EU citizens, including the non-working such as students, retirees or family members of citizens of the member states. Also the family members coming from the third countries were provided with the rights concerning free movement. The purpose...
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Member state liability for breach of EU law
Donné, Michal ; Král, Richard (referee) ; Zemánek, Jiří (referee)
1 Resumé Member state liability for breach of EU law Under The Treaty on the functioning of The European union (TFEU), Member States have the primary responsibility for the application of EU law. The Commission has the authority and responsibility to ensure respect for EU law. At the end of 2008, the rules of the Treaty were supplemented by some 8200 regulations and just under 1 900 directives in force throughout the 27 Member States. The European Court of Justice (ECJ) has developed a general principle of state responsibility for non-compliance with EU law. State liability derives from the fact that EU Member States are responsible for the implementation and enforcement of EU law. Enforcement of state liability for violations of rights granted to individuals by EU law is carried out through the national courts of the Member States. Many EU rights, particularly those in the many directives are enforced through the doctrine of direct effect of directives: the state is liable, even where responsibility for the non- implementation of the EU directive lies with other organs of the State. The impact of directives remains limited, however, by the insistence of the ECJ on the exclusively vertical responsibility of the state (vertical direct effect) which prevents enforcement of directives against private...
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Benefit and implementation of the Directive of Services
Kotrlá, Marie ; Král, Richard (advisor) ; Svoboda, Pavel (referee)
Marie Kotrlá Benefit and Implementation of the Directive on Services The purpose of my thesis is to analyse benefit and implementation of the Directive on Services in the Internal Market. The Directive on Services is a significant legal EU act aimed at removing barriers to the freedom of establishment for providers in Member States and obstacles to the free movement of services between Member States and providing guarantee of the legal certainty necessary for the exercise in practice of two fundamental freedoms of the internal market in practice to recipients and providers. Chapter One offers a basic overview of two fundamental freedoms of the internal market - the freedom of establishment and free movement of services, deals with the necessity of adoption of a new EU regulation and describes the process of adoption of the Directive on Services. Chapter Two explains selected provisions of the Directive. Chapter Three deals with the implementation of the Directive into the Czech legal order and describes relevant Czech implementing legislation. The chapter consists of four parts. Part One focuses on preparation of the implementing Act on Free Movement of Services and Part Two illustrates the adopted Act on Free Movement of Services. Part Three addresses the amendment to other acts affected by the...
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Free-lance professions under the law of the EU
Veverová, Jana ; Scheu, Harald Christian (advisor) ; Král, Richard (referee)
Free-lance professions under the law of the EU The free-lance professions under the law of the EU serve for the topic of the present thesis. They represent a special category of occupations playing though a significant role in the daily life of the society and in the economic events of both the state and the European Union. They distinguish from other forms of businesses by the "liberty" of carrying out, i.e. the independence on the direct state supervision. It is impossible to find among EU member states neither the identical term of a free-lance profession, nor the categories of the professions considered to be included. The term might regard advocates, architects, but also journalists, writers, artists etc. Neither do the EU member states agree on the content of individual activities, or usually performed duties. As some of these occupations are significantly linked to the public interest, the member states tend to increase their regulations. The first part of the thesis deals with differences of conceptions in individual member states, as well as with their common basis. The aim of the EU is to overcome the discrepancy of national regulations and to unify the conception. The common basis served as an inspiration for the definition of the free-lance professions on the European level. The EU law adjusts...
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