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The Civil Service Tribunal (CST) is the first specialist Union jurisdiction. Not surprisingly, its distinct character has led to a number of procedural differences, some of which can be traced back to the Decision setting up the Tribunal and appear in the Rules of Procedure (RP) adopted in 2007. Other procedural innovations are the result of the case-law.
This article explains the costs rules in EU civil service litigation. The Union Courts are only concerned with costs due by one party to the other, not with costs due to a party’s own lawyer. The article explains the distinction between the award of costs in the judgment and the amount of costs which is fixed, if necessary, by a separate order. Both aspects are explained in detail, with examples,...
OHIM offers mediation at the appeal stage of inter partes proceedings as an alternative to litigating before the Boards of Appeal and the EU Courts in Luxembourg. This facility builds on OHIM’s mandate to invite the parties to reach a friendly settlement and is free of charge (if the mediation takes place at OHIM’s premises in Alicante) or subject to a small administrative charge (if the mediation...
Passing-on can have a material impact on the damages suffered by direct and indirect claimants as a result of anti-competitive, cost-increasing conduct—notably cartel infringements—as recognised in EU Directive 2014/104. An appraisal of passing-on and the associated volume effects should, therefore, be a key part of damages assessment. In this article, we highlight some of the critical economic issues...
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