1. Uniformity by large leaps and small steps : Repsol Comercial de Productos Petrolíferos (C-25/21) on the scope of application of Directive 2014/104
- Author
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Piszcz, Anna, Strand, Magnus, Piszcz, Anna, and Strand, Magnus
- Abstract
In the recent Repsol Comercial de Productos Petrolíferos (C-25/21) the Court of Justice had the opportunity to clarify rules applicable to matters that fall outside of the ratione temporis and ratione materiae scope of application of Directive 2014/104 . Repsol touches upon the question of the applicability of rules in Directive 2014/104 to actions other than for damages and contributes to the topic of distinguishing what rules in Directive 2014/104 are substantive or procedural (which governs the temporal applicability of its rules). This annotation discusses, in particular, how the European Court of Justice (ECJ) defines the probative value of a finding of an infringement of competition law contained in a final decision of the national competition authority (NCA) in the case of civil actions that do not fall within the scope of Directive 2014/104 . Faced with a choice between some competing possibilities, the ECJ decided to define the probative value of NCAs’ decisions in such civil actions as that of a rebuttable presumption. This analysis also attempts at reflecting on some implications of the judgment and exploring to what extent Repsol , and other recent case law, brings further uniformity and clarity to private enforcement of competition law throughout the European Union (EU).
- Published
- 2024