This thesis examines the relationship between the private enforcement of EU competition law and forum shopping with a particular focus on cross-border collective end-consumer redress. There is no coherent framework across the EU for these types of cases. This lack of uniformity has the potential to create recourse to different national courts. Lawyers may engage in forum shopping when filing lawsuits on behalf of the victims of mass torts. Such practices can provide Member States with incentives to amend their laws to attract collective proceedings and create competition between national judicial systems. 

However, forum shopping is not the only concern. There appears to be a paucity of cross-border collective claims. This is coupled with an apparent lack of motivation for end-consumers to seek a remedy, particularly if the only choice is to litigate outside their own legal regime. Addressing this situation is vital given that end-consumers regularly suffer harm in the form of higher prices, lower output, reduced quality and limited innovation as a result of antitrust infringements but they are rarely compensated due to legal and practical obstacles. To each end-consumer the harm may indeed be de minimis. However, the aggregate harm can amount to a considerable sum. In the absence of effective redress procedures, infringing undertakings retain the spoils of their unlawful conduct. 

Against this background, this thesis examines the extent to which the conflicts-of-laws rules encourage forum shopping and considers the appropriate forum and the appropriate procedural measures that need to be adopted in order to facilitate effective and equal access to justice for end-consumer victims of EU competition law violations.

Forum shopping and the private enforcement of EU competition law : is forum shopping a dead letter?

Despite the pervasive rhetoric of transparency in the EU, the openness of the Court of Justice has received little attention. Openness consists of various forms of active cooperation and communication between the EU institutions and the public. While the Court has consistently guaranteed the principles of transparency of judicial proceedings and publicity of trial vis-à-vis the parties (stemming from Art. 6 ECHR), it has not provided a similar level of "openness" beyond this. By establishing that openness applies essentially to the work of the executive and legislative, the Court emphasized the specificity of its judicial task. This article examines to what extent the public is informed or may obtain information concerning the activity of the Court, paying due regard to the distinction made in Article 15 TFEU between administrative and judicial tasks. It argues that Article 15(1) requires rendering all the activities of the Court more open.

Openness at the Court of Justice of the European Union: Toppling A Taboo

This report is a supplement to the report by the same authors entitled “Can the Mauritius Convention serve as a model for the reform of investor-State arbitration in connection with the introduction of a permanent investment tribunal or an appeal mechanism? Analysis and roadmap” (“CIDS Report”). It analyzes in more depth one aspect already addressed in the CIDS Report, namely the composition of a multilateral investment court (or ITI) and of an appeal mechanism for investor-State awards (or AM).

For that purpose, it carries out a comparative analysis of the composition of existing international adjudicatory bodies and in part also arbitral institutions, and seeks to chart the main options for the composition of a prospective ITI and AM. If States were to pursue a reform initiative aimed at institutionalizing investor-State dispute settlement through the creation of these types of adjudicatory bodies, adjudicators would no longer be appointed by disputing parties but would essentially (though nor necessarily exclusively) be chosen by the parties to the instrument establishing the new adjudicatory bodies (section II). This fundamental shift poses a myriad of questions, which the paper seeks to examine.

/pdf/the-composition-of-a-multilateral-investment-court-and-of-an-3k75buj6p3.pdf

The Composition of a Multilateral Investment Court and of an Appeal Mechanism for Investment Awards

After four years of operation of the Civil Service Tribunal (CST), the article gives an overview over this new Community Court. Unlike the vast majority of other international organizations, in the EU the legal rules and judicial protection in staff matters are closely interconnected with other areas of law related to the organization’s core activities. However, long ago staff cases were discussed as apt for an institutional diversification of the Community jurisdictional system. The article sheds light on the genesis of the CST and the shaping of the set of rules governing its judicial activity. After presenting the status and structure of the CST as a new EU judicial body – notably its composition and trial formations, its jurisdiction and procedural links with the other Community courts – the article deals with the specific procedural rules applicable to the CST and how they are applied, including the aspect of court mediation. There follows a section on scrutiny mechanisms regarding judicial decisions of the CST (appeals to the CFI and further review by the ECJ of appeal decisions, with particular attention to the new concept of “risk of the unity or consistency of Community law being affected”). The article also attempts to identify some major tendencies in the case law of the CST and in particular that of an extension of both the scope and the standards of judicial control, inter alia by enhanced references to labour law. Finally, the question whether the CST should become a precedent for the establishment of specialized judicial panels in other fields of EU law fields, such as competition (especially mergers) or intellectual property, is discussed.

The European Union Civil Service Tribunal: A New Community Court Examined after Four Years of Operation

The European Union Civil Service Tribunal, the first judicial panel to be attached to the Court of First Instance under the reforms agreed at Nice, recently heard its first case. Its establishment is significant for two reasons. First, it will make a much needed reduction in the case load of the CFI. Second, it is innovative in its approach to the appointment of judges, for the first time in the European judicial structure moving away from the traditional approach of Member State nomination to direct application and consideration of applications by a Selection Committee.

Establishment of the European Union Civil Service Tribunal

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Establishment of the European Union Civil Service Tribunal