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ECJ referred first case on damages directive

January 30, 2018, Global Competition Review

Elaine Whiteford is quoted in a Global Competition Review article regarding the anticipated European Court of Justice ruling that will determine whether the EU damages directive can be applied to a damages action in Portugal. According to Whiteford, the high court will likely respond to the questions by referring to principles of EU law and not the damages directive itself. “The court generally avoids responding to questions other than those that are before it and so I would be surprised if it took this opportunity to make statements about the directive,” she says. Whiteford adds that she expects the court to point to principles and effectiveness to determine its answers. “In other words, the European court will [most likely] say that the national rules at issue should treat rights derived from EU law no less favourably than similar rights derived from national law, and that the application of the national rules in question should not make the exercise of the right derived from EU law impossible in practice."

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