engleski

The liability of the EU in damage for delays of EU courts with the special reference on antitrust cases

The aim of this paper is to discuss the non- contractual liability of the EU in damage for delayed EU courts proceedings with the special reference to antitrust cases. Firts of all we will discuss posibility to incur liability on the EU for the breaches made by EU judiciary. In the second part, we will focus on delayed EU court's proceedings in antritrust cases. We will analyize relevant case law in order to draw certain conclusions. An earlier prevalent understanding of the Court of Justice (CJ) was that it was possible to ask for a reparation of damage in appelate procedure before the CJ against the judgment of a lower court – General Court (GC). The current position adopted by the CJ is that such a request involves an independent action and it is necessary to initiate an independent ''fresh'' action in damages. According to Art. 256 TFEU the competent court for actions of individuals is the GC. An unusual situation that the GC decides the actions against ‘’himself’’ can certainly trigger suspicion whether requirements of impartiality and independence are met in such cases. Hence, in the concluding remarks we will try to critically evaluate the newly established approach of the CJ.

European union ; damage ; liability ; Court of Justice of the EU ; jurisdiction

nije evidentirano