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European Community Law in the English Courts »

Book cover image of European Community Law in the English Courts by Francis Jacobs

Authors: Francis Jacobs (Editor), Mads Andenas (Editor), Lord Bingham
ISBN-13: 9780198265924, ISBN-10: 0198265921
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: December 1998
Edition: (Non-applicable)

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Author Biography: Francis Jacobs

Francis JACOBS is Advocate General at the European Court of Justice. He is editor of the Oxford European Community Law Series.

Mads ANDENAS is Director of the Centre of European Law, Kings College, Law. He was previously Legal Adviser to the European Bank for Reconstruction and Development.

Book Synopsis

This book reveals the increasingly significant impact of European Community law on English domestic law and procedure from a practical perspective. It examines the general principles of how EC law is given effect in the English courts, and the impact that EC law has had on a number of particular key areas of English law.

Table of Contents

Foreword
Introduction
Table of Cases
AGiving Effect to Community Law in English Courts
1Critics of the Court: a Reconsideration3
2Giving Effect to Community Law13
3Indirect Effect of Directives in the Application of National Legislation37
4Claims for Damages against the State for Breach of Community Law57
5Aspects of Liability for the State and Public Bodies in English and Community Law67
6Injunctions and Damages against the State for Breach of Community Law - a Legitimate Judicial Development87
7Judicial Review and the Role of the English Courts in European Community Disputes101
BGeneral Principles of Community Law in English Courts
8Interpretation and Precedent in European Community Law115
9The Application of General Principles of Community Law by English Courts137
10A Sense of Proportion149
CThe Impact on Some Areas of Law
11Community Competition Law in English Courts165
12Reliance on Commission Decisions in National Courts179
13Damages for Breach of Competition Rules185
14The Community Law Impact in Employment Cases191
15Community Intellectual Property Law in English Courts209
16Judicial Attitudes to the UK Trade Marks Act 1994: Implementing the Approximation Directive223
17Community Law and Criminal Law239
18Tax Law: Rules or Principles?251
19Some Points of Friction between English and Brussels Convention Jurisdiction277

Subjects