Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-04-23-Speech-1-233"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2007-04-23"^^xsd:date2
dcterms:Is Part Of	lp_eu:Damages actions for breach of competition rules (debate)2
dcterms:Language	"nl"^^xsd:language2
lpv:document identification number	"en.20070423.23.1-233"2
lpv:hasSubsequent	lp_eu:2007-04-23-Speech-1-2342
lpv:speaker	lp:Bert Doorn2
lpv:spokenAs	member; Committee of Inquiry into the crisis of the Equitable Life Assurance Society (2006-01-19--2007-06-19)3 member; EPP-ED (2004-07-20--2009-07-13)3 member; JURI (2007-01-31--2009-07-13)3 substitute; IMCO (2007-01-31--2009-07-13)3 substitute; Delegation for relations with the Korean Peninsula (2007-03-14--2009-07-13)3 member; Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN) (2007-03-14--2009-07-13)3 unknown; Christen Democratisch Appèl (2004-07-20--2009-07-13)3
lpv:translated text	". Mr President, I think it is now the third time that I am addressing this House on the topic of competition law around midnight. I am not sure what the reason for this could be, but it is uncanny that it should evidently be regarded as, in some sense, a nocturnal topic. As draftsman of the opinion of the Committee on Legal Affairs, I should like to make a few observations. The fundamental question is as to whether citizens and businesses that have sustained damage as a result of infringements of cartel law be entitled to damages I think they should, and so does the Committee on Legal Affairs. We think that in such cases, there should be a right to damages in the Member States, which should provide for procedures of this kind, although how they organise them is up to them. In some Member States, the government will need to establish first that an infringement has taken place. In other Member States, this will be done differently, but everything in accordance with the Member States’ procedures. After all, there is also the question of whether procedures of this kind can be imposed from Brussels on Member States in the first place. You may be able to persuade them that these need to be introduced, but whether they can be imposed is, to our mind, a different matter altogether. This is not, after all, about cartel law, but civil law, which, like criminal law, is a preserve of Member States, something in which the European Union cannot intervene. This is why we have serious doubts as to the possible legal basis that should underlie European legal measures in order to introduce procedures of this kind. The same applies, in fact, to all those other questions and observations in the Green Paper that pertain to the furnishing of proof, for example the hiring of experts or group activities. These are all examples that fall within the scope of national civil law, in respect of which the European Union cannot prescribe any legislation. These are the principal observations that we in the Committee on Legal Affairs have made."@en1

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