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The Passing-On Problem in EU Law Damages and Restitution
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Business Studies. (Handelsrätt, Commercial Law)ORCID iD: 0000-0002-2302-0392
2017 (English)Book (Refereed)
Abstract [en]

“Passing-on” occurs when harm or loss incurred by a business is passed on to burden that business’s customers, ie the next level of the supply chain. This book offers analyses of various aspects of passing-on in EU law damages and restitution. Three main legal issues triggered by passing-on are identified: (1) Will downstream claimants have access to bring an action for damages or restitution before the competent court? (2) Will downstream claimants be able to demonstrate sufficient proximity to the original harmful act or unjustified transaction? (3) Will a possibility for claimants to pass on the harm or loss be relevant to the estimation of the award? These issues are assessed within the contexts of actions for damages and restitution against the EU, a Member State, and private individuals. Reasoned suggestions for consistent approaches to passing-on are offered both in the course of discussions and in the final conclusions.

Place, publisher, year, edition, pages
Cheltenham, UK: Edward Elgar Publishing, 2017, 1.
, Elgar European Law and Practice
Keyword [en]
EU law, passing-on, private enforcement, damages law, restitution law, indirect purchasers
Keyword [sv]
EU-rätt, övervältring, skadeståndsrätt, restitution
National Category
Research subject
European (Integration) Law
URN: urn:nbn:se:uu:diva-300170ISBN: 978 1 78643 017 5OAI: oai:DiVA.org:uu-300170DiVA: diva2:950949
Available from: 2016-08-04 Created: 2016-08-04 Last updated: 2016-08-04

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