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European Observer on fundamental right's respect

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Case Law C-199/11 (06/11/2012)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/06/2012

Subject: The Court affirmed that European Union law does not preclude the European Commission from representing the European Union before a national court hearing a civil action for damages in respect of loss caused to the European Union by an agreement or practice prohibited which may have affected certain public contracts awarded by various institutions and bodies of the European Union, there being no need for the Commission to have authorisation for that purpose from those institutions and bodies. Article 47 of the Charter of Fundamental Rights of the European Union does not preclude the European Commission from bringing an action before a national court, on behalf of the European Union, for damages in respect of loss sustained by the Union as a result of an agreement or practice which has been found by a decision of the Commission.

Parties: Europese Gemeenschap c. Otis NV e a.

Classification: Justice - Art. 47 Justice: remedy - Fair trial, public hearing

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