Horizontal liability in EC law: Hybridization of remedies for compensation in case of breaches of EC rights

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Series Details Vol.44, No.3, June 2007, p705–742
Publication Date June 2007
ISSN 0165-0750
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Publishers Abstract:
'Vertical' State liability for breaches of European Community (EC) law by Member States and their various organs and bodies is now well established in Community law. Moreover, 'horizontal' liability of undertakings violating the competition rules against competitors, third parties and consumers is developing under the Courage and Manfredi case law, although it seems to be less successful in Member State law. The authors will take as starting point of this article's discussion the 'cause celebre' of the Bosman case before the European Court of Justice (ECJ). The most important element was that the ECJ based its judgment on the 'horizontal direct effect' of Article 39 EC (then Article 48 EEC). Since the fundamental freedoms of Article 39/Article 43 and Article 49 EC are a specific application of the principle of non-discrimination of Article 12, also the latter may be able to take direct horizontal effect, at least against collective regulations by private associations in the area of semi-professional sports and in higher education.

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