Cover Page. The handle holds various files of this Leiden University dissertation

Transcription

1 Cover Page The handle holds various files of this Leiden University dissertation Author: Wilman, F.G. Title: The vigilance of individuals : how, when and why the EU legislates to facilitate the private enforcement of EU law before national courts Issue Date:

2 Legislation & Official documents Legislation Directives Council Directive 64/221/EEC of 25 February 1964 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health, OJ 56, 4 April 1964, p. 850 Council Directive 65/65/EEC of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, OJ 22, 9 February 1965, p. 369 Council Directive 71/305/EEC of 26 July 1971 concerning the coordination of procedures for the award of public works contracts, OJ L 185, 16 August 1971, p. 5 Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, OJ L 39, 14 February 1976, p. 40 Second Council Directive 77/91/EEC of 13 December 1976 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent, OJ L 26, 31 January 1977, p. 1 Third Council Directive 78/855/EEC of 9 October 1978 based on Article 54(3)(g) of the Treaty concerning mergers of public limited companies, OJ L 295, 20 October 1978, p. 36 Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising, OJ L 250, 19 September 1984, p. 17 Council Directive 85/337/EEC of 27 June 1985 on the assessments of the effects of certain public and private projects on the environment, OJ L 175, 25 July 1985, p. 40 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7 August 1985, p. 29 ( Product Liability Directive ) Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises, OJ L 372, 31 December 1985, p. 31 ( Doorstep Selling Directive ) Council Directive 89/665/EEC of 21 December 1989 on the coordination of laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, OJ L 395, 30 December 1989, p. 33 ( Public Sector Remedies Directive ) Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours, OJ L 158, 23 June 1990, p. 59 ( Package Travel Directive ) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, OJ L 76, 23 March 1992, p. 14 ( Utilities Remedies Directive ) Council Directive 93/13/EEC of 15 April 1993 on unfair terms in consumer contracts, OJ L 95, 21 April 1993, p. 29 ( Unfair Terms Directive )

3 576 Legislation & Official documents Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, OJ L 248, 6 October 1993, p. 15 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and of the free movement of such data, OJ L 281, 23 November 1995, p. 13 ( Data Protection Directive ) Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex, OJ L 14, 20 January 1980, p. 6 Directive 98/6/EC of the European Parliament and of the Council of 16 February 1997 on consumer protection in the indication of the prices of products offered to consumers, OJ L 80, 18 March 1998, p. 27 Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers interests, OJ L 166, 11 June 1998, p Directive 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, OJ L 213, 30 July 1998, p. 9 Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs, OJ L 289, 28 October 1998, p. 28 Council Directive 1999/31/EC on the landfill of waste, OJ L 182, 16 July 1999, p. 1 Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 141, 4 June 1999, p. 20 ( Product Liability Amending Directive ) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, OJ L 171, 7 July 1999, p. 12 ( Consumer Sales Directive ) Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures, OJ L 13, 19 January 2000, p. 12 ( Electronic Signatures Directive ) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), OJ L 178, 17 July 2000, p. 1 ( E-Commerce Directive ) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 180, 19 July 2000, p. 22 ( Racial Equality Directive ) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ L 167, 22 June 2001, p. 10 ( Infosoc Directive ) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, OJ L 311, 28 November 2001, p. 67 Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15 January 2002, p. 4 ( Product Safety Directive ) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31 July 2002, p. 37 ( E-Privacy Directive ) Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, OJ L 26, 31 January 2003, p. 41 ( Legal Aid Directive ) Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products, OJ L 152, 20 June 2003 ( Tobacco Advertising Directive )

4 Legislation & Official documents 577 Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC, OJ L 156, 25 June 2003, p. 17 Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, OJ L 134, 30 April 2004, p. 1 ( Utilities Procurement Directive ) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 concerning the coordination of procedures for the award of public works contracts, public supplies contracts and public service contracts, OJ L 134, 30 April 2004, p. 114 ( Public Sector Procurement Directive ) Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, OJ L 143, 30 April 2004, p. 56 ( Environmental Liability Directive ) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30 April 2004, p. 77 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, OJ L 195, 30 April 2004, p. 45 ( IPR Enforcement Directive ) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council, OJ L 149, 11 June 2005, p. 22 ( Unfair Commercial Practices Directive ) Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ L 309, 25 November 2005, p. 15 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), OJ L 204, 26 July 2006, p. 23 ( Gender Equality Directive ) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (codified version), OJ L 376, 27 December 2006 ( Misleading Advertising Directive ) Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version), OJ L 372, 27 December 2006, p. 12 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, OJ L 376, 27 December 2006, p. 36 ( Services Directive ) Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts, OJ L 335, 20 December 2007, p. 31 ( Procurement Remedies Amending Directive ) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on consumer credit agreements for consumers and repealing Council Directive 87/102/EEC, OJ L 1333, 22 May 2008, p. 66 ( Consumer Credit Directive ) Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, OJ L 136, 24 May 2008, p. 3 ( Mediation Directive ) Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (codified version), OJ L 299, 8 November 2008, p. 25

5 578 Legislation & Official documents Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers interests, OJ L 110, 1 May 2009, p. 30 ( Consumer Injunctions Directive ) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programmes (codified version), OJ L 111, 5 May 2009, p. 16 Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys, OJ L 170, 30 June 2009, p. 1 ( Toy Safety Directive ) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC, OJ L 216, 20 August 2009, p. 76 ( Defence Procurement Directive ) Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (codified version), OJ L 263, 7 October 2010, p. 11 ( Motor Vehicle Insurance Directive ) Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (recast), OJ L 48, 23 February 2011, p. 1 Directive 2011/35/EU of the European Parliament and of the Council of 5 April 2011 concerning mergers of public limited liability companies (codification), OJ L 110, 29 April 2011, p. 1 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7 of the European Parliament and of the Council, OJ L 304, 22 November 2011, p. 64 ( Consumer Rights Directive ) Directive 2011/92/EU of the European Parliament and of the Council of 31 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification), OJ L 26, 28 January 2012, p. 1 ( Environmental Impact Assessment Directive ) Directive 2012/30/EU of the European Parliament and of the Council of 25 October 2012 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 of the Treaty on the Functioning of the European Union, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (recast), OJ L 315, 14 November 2012, p. 74 ( Public Limited Liabilities Companies Directive ) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), OJ L 165, 18 June 2013, p. 63 ( Consumer ADR Directive ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts, OJ L 94, 28 March 2014, p. 1 ( Concessions Awards Directive ) Directive 2014/24/EU of the European Parliament and of the Council of 24 February 2014 on public procurement and repealing Directive 2004/18/EC, OJ L 94, 28 March 2014, p. 65 ( New Public Sector Procurement Directive ) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC, OJ L 94, 28 March 2014, p. 243 ( New Utilities Procurement Directive ) Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, OJ L 124, 25 April 2014, p. 1 Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, OJ L 128, 30 April 2014, p. 8 ( Free Movement of Workers Enforcement Directive )

6 Legislation & Official documents 579 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( the IMI Regulation ), OJ L 159, 28 May 2014, p. 11 ( Posting of Workers Enforcement Directive ) Regulations Council Regulation No 17 First Regulation implementing Articles 85 and 86 of the Treaty, OJ 13, 21 February 1962, p. 204 Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, OJ L 227, 1 September 1994, p. 1 ( Community Plant Variety Rights Regulation ) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 12, 16 January 2001, p. 1 ( Brussels I Regulation ) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31 May 2001, p. 43 ( Transparency Regulation ) Council Regulation (EC) No 1206/2001 of 28 May 2011 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, OJ L 174, 27 June 2001, p. 1 ( Evidence Regulation ) Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs, OJ L 3, 5 January 2002, p. 1 ( Community Designs Regulation ) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ L 1 4 January 2003, p. 1 ( Competition Regulation ) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, OJ L 24, 29 January 2004, p. 1 Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules in compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, OJ L 46, 17 February 2004, p. 1 ( Air Passengers Rights Regulation ) Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, OJ L 364, 9 December 2004, p. 1 ( CPC Regulation ) Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure, OJ L 199, 31 July 2007, p. 1 ( Small Claims Regulation ) Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), OJ L 199, 31 July 2007, p. 40 ( Rome II Regulation ) Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers rights and obligations, OJ L 315, 3 December 2007, p. 14 (Rail Passengers Rights Regulation ) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, OJ L 218, 13 August 2008, p. 30 Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version), OJ L 78, 24 March 2009, p. 1 ( Community Trade Mark Regulation ) Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies, OJ L 302, 17 November 2009, p. 1 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006, OJ 343, 22 December 2009, p. 1 ( Fisheries Control Regulation ).

7 580 Legislation & Official documents Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast), OJ L 351, 20 December 2012, p. 1 ( New Brussels I Regulation ) Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection, OJ L 361, 31 December 2012, p. 1 Council Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements, OJ L 361, 31 December 2012, p. 89 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), OJ L 165, 18 June 2013, p. 1 ( Consumer ODR Regulation ) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003, OJ L 181, 29 June 2013 ( Customs Enforcement Regulation ) Regulation (EU) No 462/2013 of the European Parliament and of the Council of 21 May 2013 amending Regulation (EC) No 1060/2009 on credit rating agencies, OJ L 146, 31 May 2013, p. 146 Other legislation Council Decision 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations, OJ L 071, 17 March 1980, p. 1 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations ( ), OJ L 336, 23 December 1994, p. 1 Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights, OJ L 173, 25 July 1995, p. 14 Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters, OJ L 168, 27 June 2001, p. 35 Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams, OJ L June 2002, p. 1 Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the Treaty, OJ L 123, 27 April 2004, p. 18 ( Competition Proceedings Regulation ) Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the.eu Top level Domain and the principles governing registration, OJ L 162, 30 April 2004, p. 40 Council Framework Decision 2005/212/JHA of 24 February 2005 on confiscation of crime-related proceeds, instrumentalities and property, OJ L March 2005, p. 49 Council Decision 2005/370/EC of 17 February 2005 on the conclusion, on behalf of the European Community, of the Convention on access to information, public participation in decisionmaking and access to justice in environmental matters, OJ L 124, 17 May 2005, p. 1 Commission Decision 2007/76/EC of 22 December 2006 implementing Regulation (EC) 2006/2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws as regards mutual assistance, OJ L 32, 6 February 2007, p. 192 Commission Decision 2010/233/EU of 26 April 2010 setting up the expert group on a common frame of reference in the area of European contract law, OJ L 105, 27 April 2010, p. 109 Commission Regulation (EU) No 1336/2013 of 13 December 2013 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of the application thresholds for the procedures for the award of contracts, OJ L 335, 14 December 2013, p. 17

8 Legislation & Official documents 581 Official documents Commission Commission recommendations, decisions, statements, guidelines and notices Commission, Recommendation 98/257/EC on the principles applicable to the bodies responsible for out-of-court settlement of disputes, OJ L 115, 17 April 1998, p. 31 Commission, Recommendation 2001/310/EC of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes, OJ L 109, 19 April 2001, p. 56 Commission, Notice on agreements of minor importance which do not appreciably restrict competition under Article 81(1) of the Treaty establishing the European Community (de minimis), OJ C 368, 22 December 2001, p. 13 ( De minimis notice ) Commission, Guidelines on the application of Article 81(3) of the Treaty, OJ C 101, 27 April 2004, p. 97 Commission, Notice on the handling of complaints by the Commission under Articles 81 and 82 of the Treaty, OJ C 101, 27 April 2004, 2004, p. 5 ( Complaints notice ) Commission, Notice on cooperation within the network of competition authorities, OJ C 101, 27 April 2004, p. 43 ( Network notice ) Commission, Statement concerning Article 2 of Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights, OJ L 94, 13 April 2005, p. 37 ( Statement concerning Article 2 IPR Enforcement Directive 2004/48 ) Commission, Recommendation 2010/304/EC of 12 May 2010 on the use of a harmonised methodology for classifying and reporting consumer complaints and enquiries, OJ L 136, 2 June 2010, p. 1 Commission, Notice on the co-operation between the Commission and the courts of the EU Member States in the application of Articles 81 and 82 EC, OJ C 101, 27 April 2004, p. 54 ( Cooperation notice ) Commission, Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003, OJ C 210, 1 September 2006, p. 2 ( Guidelines on fines ) Commission, Notice on immunity from fines and reductions of fines in cartel cases, OJ C 298, 8 December 2006, p. 17 ( Leniency notice ) Commission, Decision C(2007) 512, Elevators and escalators cartel, 21 February 2007 Commission, Notice on the conduct of settlement procedures in view of the adoption of decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases, OJ C 167, 2 July 2008, p. 1 ( Settlement notice ) Commission, Recommendation 2013/396/EU of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law, OJ L 201, 27 June 2013, p. 60 ( Collective Redress Recommendation ) Commission legislative proposals Commission, Proposal for a Council directive relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, COM(76) 372 final, 23 July 1976 ( Proposal for Product Liability Directive 85/374 ) Commission, Amendment of the proposal for a Council directive relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, COM(79) 415 final, 26 September 1979 ( Amended proposal for Product Liability Directive 85/374 ) Commission, Proposal for a Council directive on the coordination of the laws, regulations and administrative provisions relating to the application of Community rules on procedures for the award of public supply and public works contracts, COM(87) 134 final, 1 July 1987 ( Proposal for Public Sector Remedies Directive 89/665 ) Commission, Amended proposal for a Council directive on the coordination of the laws, regulations and administrative provisions relating to the application of Community rules on procedures for the award of public supply and public works contracts, COM(88) 733 final, 8 December 1988 ( Amended proposal for Public Sector Remedies Directive 89/665 )

9 582 Legislation & Official documents Commission, Proposal for a Council directive on civil liability for damage caused by waste, COM(89) 282 final, 15 September 1989 Commission, Proposal for a Council directive coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, COM(90) 297 final, 30 July 1990 ( Proposal for Utilities Remedies Directive 92/13 ) Commission, Proposal for a Council directive on unfair terms in consumer contracts, COM(90) 322 final, 14 September 1990 ( Proposal for Unfair Terms Directive 93/13 ) Commission, Proposal for a Council directive on the liability of suppliers of services, COM(90) 482, 20 December 1990 ( Proposal for a services liability directive ) Commission, Proposal for a Council directive on the landfill of waste, COM(91) 102 final, 22 May 1991 Commission, Amended proposal for a Council directive coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, COM(91) 158 final, 10 July 1991, p. 19 ( Amended proposal for Utilities Remedies Directive 92/13 ) Commission, Amended proposal for a Council Directive on unfair terms in consumer contracts, COM(92) 66 final, 4 March 1992 ( First amended proposal for Unfair Terms Directive 93/13 ) Commission, Re-examined proposal for a Council Directive on unfair terms in consumer contracts, COM(93) 11 final, 26 January 1993 ( Second amended proposal for Unfair Terms Directive 93/13 ) Commission, Proposal for a European Parliament and Council Directive on the sale of consumer goods and associated guarantees, COM(95) 520 final, 19 June 1996 ( Proposal for Consumer Sales Directive 1999/44 ) Commission, Proposal for a European Parliament and Council Directive on injunctions for the protection of consumer s interests, COM(95) 712 final, 24 January 1996 (Proposal for Consumer Injunctions Directive 2009/22) Commission, Amended proposal for a European Parliament and Council Directive on injunctions for the protection of consumers interests, COM(96) 725 final, 23 December 1996 (Amended proposal for Consumer Injunctions Directive 2009/22) Commission, Proposal for a Council regulation on the Community patent, COM(2000) 412 final, 1 August 2000 Commission, Proposal for a directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights, COM(2003) 46 final, 30 January 2003 ( Proposal for IPR Enforcement Directive 2004/48 ) Commission, Proposal for a regulation of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws, COM(2003) 443 final, 18 July 2003 ( Proposal for CPC Regulation 2006/2004 ) Commission, Proposal for a regulation of the European Parliament and the Council on the law applicable to non-contractual obligations ( Rome II ), COM(2003) 427 final, 22 July 2003 ( Proposal for Rome II Regulation 864/2007 ) Commission, Proposal for a directive of the European Parliament and of the Council on services in the internal market, COM(2004) 2 final, 5 March 2004 ( Proposal for Services Directive 2006/123 ) Commission, Proposal for a Regulation of the European Parliament and of the Council establishing a European small claims procedure, COM(2005) 87 final, 15 March 2005 ( Proposal for Small Claims Regulation 861/2007 ) Commission, Amended proposal for a directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights, COM(2006) 168, 26 April 2006 ( Proposal for a directive on criminal measures for the enforcement of intellectual property rights ) Commission, Proposal for a directive of the European Parliament and of the Council amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts, COM(2006) 195 final, 4 May 2006 ( Proposal for Procurement Remedies Amending Directive 2007/66 )

10 Legislation & Official documents 583 Commission, Proposal for a Directive of the European Parliament and of the Council on consumer rights, COM(2008) 614 final, 8 October 2008 ( Proposal for Consumer Rights Directive 2011/83 ) Commission, Proposal for a Council Decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America, COM(2011) 380 final, 26 June 2011 ( Proposal for a decision on the conclusion of ACTA ) Commission, Proposal for a regulation of the European Parliament and of the Council on a common European sales law, COM(2011) 635, 11 October 2011 Commission, Proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR), COM(2011) 793 final, 29 November 2011 ( Proposal for Consumer ADR Directive 2013/11 ) Commission, Proposal for a directive of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors, COM(2011) 895 final, 20 December 2011 ( Proposal for New Utilities Procurement Directive 2014/25 ) Commission, Proposal for a directive of the European Parliament and of the Council on public procurement, COM(2011) 896 final, 20 December 2011 ( Proposal for New Public Sector Procurement Directive 2014/24 ) Commission, Proposal for a directive of the European Parliament and of the Council on the award of concession contracts, COM(2011) 897 final, 20 December 2011 ( Proposal for Concessions Awards Directive 2014/23 ) Commission, Proposal for a regulation of the European Parliament and of the Council on the protection of individuals with regards to the processing of personal data and on the free movement of such data, COM(2012) 11 final, 25 January 2012 Commission, Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air, COM(2013) 130 final, 13 March 2013 Commission, Proposal for a regulation of the European Parliament and of the Council on market surveillance of products and amending Council Directives 89/686/EEC and 93/15/ EEC, and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/ EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 2011/65/EU, Regulation (EU) No 305/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 765/2008 of the European Parliament and of the Council, COM(2013) 75, 13 February 2013 ( Proposal for a regulation on market surveillance of products ) Commission, Proposal for a regulation of the European Parliament and of the Council on consumer product safety and repealing Council Directive 87/357/EEC and Directive 2001/95/ EC, COM(2013) 78 final, 13 February 2013 ( Proposal for a regulation on consumer product safety ) Commission, Proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast), COM(2013) 162 final, 27 March 2013 Commission, Proposal for a directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, COM(2013) 404 final, 11 June 2013 ( Proposal for Competition Damages Directive ) Commission, Proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC, COM(2013) 512 final, 9 July 2013 ( Proposal for a new package travel directive )

11 584 Legislation & Official documents Commission, Proposal for a directive of the European Parliament and of the Council on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, COM(2013) 813 final, 28 November 2013 ( Proposal for a trade secrets directive ) Commission, Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 861/2007 of the European Parliament and the Council of 11 July 2007 establishing a European Small Claims Procedure and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure, COM(2013) 794 final, 19 November 2013 Commission green papers, white papers and reports Commission, Thirteenth report on competition policy, 1984 Commission, White paper on completing the internal market, COM(85) 310 final, 14 June 1985 Commission, Green paper on access of consumers to justice and the settlement of consumer disputes in the single market, COM(93) 576 final, 16 November 1993 Commission, First report on the application of Council Directive on the approximation of laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC), COM(95) 617 final, 13 December 1995 ( First report on Product Liability Directive 85/374 ) Commission, Green paper on public procurement in the European Union: exploring the way forward, COM(96) 583 final, 27 November 1996 Commission, Green paper on combating counterfeiting and piracy in the single market, COM(98) 569 final, 15 October 1998 Commission, White paper on modernisation of the rules implementing Articles 85 and 86 of the EC Treaty, 28 April 1999, OJ C 132, 12 May 1999, p. 1 Commission, Green paper on liability for defective products, COM(1999) 396 final, 28 July 1999 Commission, Report on the implementation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, COM(2000) 248 final, 27 April 2000 ( Report on Unfair Terms Directive 93/13 ) Commission, Report on the application of Directive 85/374 on liability for defective products, COM(2000) 893 final, 31 January 2001, p. 10 ( Second report on Product Liability Directive 85/374 ) Commission, Green paper on European consumer protection, COM(2001) 531 final, 2 October 2001 Commission, Green paper on damages actions for breach of the EC antitrust rules, COM(2005) 672 final, 19 December 2005 Commission, Third report on the application of Council Directive on approximation of laws, regulations and administrative provisions of the Member States concerning liability for defective products (83/374/EEC) of 25 July 1985, amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999, COM(2006) 496 final, 14 September 2006 ( Third report on Product Liability Directive 85/374 ) Commission, Green paper on the review of the consumer acquis, COM(2006) 744 final, 8 February 2007 Commission, Communication on the implementation of Directive 1999/44 of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees including analysis of the case for introducing direct producers liability, COM(2007) 210 final, 24 April 2007 ( Report on Consumer Sales Directive 1999/44 ) Commission, White paper on damages actions for breach of the EC antitrust rules, COM(2008) 165 final, 2 April 2008 Commission, Report on the application of Directive 98/27/EC of the European Parliament and of the Council on injunctions for the protection of consumers interests, COM(2008) 756 final, 18 November 2008 ( First report on Consumer Injunctions Directive 2009/22 ) Commission, Green paper on consumer collective redress, COM(2008) 794 final, 27 November 2008

12 Legislation & Official documents 585 Commission, Report on the implementation of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, COM(2008) 905 final, 14 January 2009 ( Report on Product Safety Directive 2001/95 ) Commission, Report on the application of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, COM(2009) 174 final, 21 April 2009 ( Report on Brussels I Regulation 44/2001 ) Commission, Communication on the report on the functioning of Regulation 1/2003, COM(2009) 206 final, 29 April 2009 ( Report on Competition Regulation 1/2003 ) Commission, Green paper on policy options towards a European contract law for consumers and businesses, COM(2010) 348 final, 1 July 2010 Commission, Report application of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, COM(2010) 779 final, 22 December 2010 ( Report on IPR Enforcement Directive 2004/48 ) Commission, Green paper on the modernisation of EU public procurement policy: towards a more efficient European procurement market, COM(2011) 15 final, 27 January 2011 Commission, White paper on a roadmap on a single European transport area: towards a competitive and resource efficient transport system, COM(2011) 144 final, 28 March 2011 Commission, Fourth report on the application of Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, amended by Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999, COM(2011) 547 final, 8 September 2011 ( Fourth report on Product Liability Directive 85/374 ) Commission, 28 th Annual report on monitoring the application of EU law (2010), COM(2011) 588 final, 29 September 2011 Commission, 30 th Annual report on applying EU law (2012), COM(2013) 726 final, 22 October 2013 Commission, Report on the application of Directive 2009/22/EC of the European Parliament and of the Council on injunctions for the protection of consumers interests, COM(2012) 635 final, 6 November 2012 ( Second report on Consumer Injunctions Directive 2009/22 ) Commission communications Commission, Communication on unfair terms in contracts concluded with consumers, COM(84) 55 final, 14 February 1984 Commission, Supplementary communication on consumer redress, COM(87) 210 final, 7 May 1987 Commission, Communication on the common position of the Council on the amended proposal for a directive on the coordination of the laws, regulations and administrative provisions relating to the application of rules on procedures for the award of public supply and public work contracts, SEC(89) 1196 final, 24 July 1989 ( Communication on the Council s position on the proposal for Public Sector Remedies Directive 89/665 ) Commission, Communication on the common position of the Council on the proposal for a directive on unfair terms in consumer contracts, SEC(92) 1944 final, 22 October 1992 ( Communication on the Council s position on the proposal for Unfair Terms Directive 93/13 ) Commission, Communication on new directions on the liability of suppliers of services, COM(94) 260 final, 23 June 1994 Commission, Communication on an action plan on consumer access to justice and the settlement of consumer disputes in the internal market, COM(96) 13 final, 14 February 1996 Commission, Report on the application of Articles 85 and 86 of the EC Treaty by national courts in the Member States, July 1997 Commission, Communication on public procurement in the European Union, COM(1998) 143 final, 11 March 1998

13 586 Legislation & Official documents Commission, Communication on the common position of the Council on the proposal for a Directive of the European Parliament and of the Council amending Council Directive 85/374/EEC of 25 July 1987 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, SEC(1998) 2232, 6 January 1999 ( Communication on the Council s position on the proposal for Product Liability Directive 85/374 ) Commission, Communication on the follow-up to the green paper on combating counterfeiting and piracy in the single market, COM(2000) 789 final, 30 November 2000 Commission, Communication on the follow-up to the green paper on EU consumer protection, COM(2002) 289 final, 11 June 2002 Commission, Communication on the implications of the Court s judgment of 13 September 2005 (Case C-176/03, Commission v. Council), COM(2005) 583 final, 23 November 2005 Commission, Interpretative communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives, OJ C 179, 1 August 2006, p. 2 Commission, Communication on the EU consumer policy strategy , COM(2007) 99 final, 13 March 2007 Commission, Communication on guidance on the Commission s enforcement priorities in applying Article 82 of the EC Treaty to abusive exclusionary conduct by dominant undertakings, OJ C 45, 24 February 2009, p. 7 Commission, Communication on the enforcement of the consumer acquis, COM(2009) 330 final, 2 July 2009 Commission, Communication on enhancing the enforcement of intellectual property rights in the internal market, COM(2009) 467 final, 11 September 2009 Commission, Communication on delivering an area of freedom, security and justice for Europe s citizens: action plan implementing the Stockholm programme, COM(2010) 171, 20 April 2010 Commission, Communication on a digital agenda for Europe, COM(2010) 245 final, 19 May 2010 Commission, Communication on a Single Market Act, COM(2011) 206 final, 13 April 2011 Commission, Communication on a single market for intellectual property rights: boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe, COM(2011) 287 final, 24 May 2011 Commission, Communication towards an EU criminal policy: ensuring the effective implementation of EU policies through criminal law, COM(2011) 573 final, 20 September 2011 Commission, Communication on the Commission work programme 2012, COM(2011) 777, 15 November 2011 Commission, Communication on alternative dispute resolution for consumer disputes in the single market, COM(2011) 791 final, 29 November 2011 Commission, Communication on updating the handling of relations with the complainant in respect of the application of Union law, COM(2012) 154 final, 2 April 2012 Commission, Communication on more product safety and better market surveillance in the single market for products, COM(2013) 74 final, 13 February 2013 Commission, Communication towards a European horizontal framework for collective redress, COM(2013) 401 final, 11 June 2013 Commission, Communication on quantifying harm in actions for damages based on breaches of Articles 101 and 102 on the Treaty on the Functioning of the European Union, OJ C 167, 13 June 2013 Commission, Communication towards a renewed consensus on the enforcement of intellectual property rights: an EU action plan, COM(2014) 392, 1 July 2014 Other Commission official documents Commission, Information memo on the adoption by the Council of a preliminary programme for a consumer protection and information policy, P-19/75, April 1975 Commission, Memorandum on consumer redress, COM(84) 629 final, 12 December 1984

14 Legislation & Official documents 587 Commission, Press release intellectual property: Commission proposes directive to bolster the fight against piracy and counterfeiting, IP/03/144, 30 January 2003 ( Press release on the proposal for IPR Enforcement Directive 2004/48 ) Commission, Responses to the consultation on the operation of national review procedures in the field of public procurement, 2004, available via publicprocurement/infringements/remedies/review_2007_en.htm Commission, Staff working paper annex to the green paper on damages actions for breach of EC antitrust rules, SEC(2005) 1732, 19 December 2005 Commission, Staff working document impact assessment report on remedies in the field of public procurement, SEC(2006) 557 final, 4 May 2006 Commission, Report on the outcome of the public consultation on the review of the consumer acquis, 2007, available via acquis/acquis_working_doc.pdf Commission, Staff working paper accompanying the white paper on damages actions for breach of the EC antitrust rules, SEC(2008) 404 final, 2 April 2008 Commission, Staff working document impact assessment white paper on damages actions for breach of the EC antitrust rules, SEC(2008) 405 final, 2 April 2008 Commission, Questions and answers regarding the green paper on consumer collective redress, MEMO/08/741, 27 November 2008 Commission, Feedback statement on draft consumer collective redress benchmark consultation, 2008, available via benchmark_en.pdf ( Responses to the collective redress benchmark consultation ) Commission, Overview of the results of the consultation on consumer collective redress, 2009, available via results_coll_redress_en.pdf ( Responses to the consultation on consumer collective redress ) Commission, Summary of responses to the consultation launched to gather stakeholders opinions on the existing problems and preferred solutions in order to identify preferred policy options as part of the Commission s review of the Package Travel Directive, March 2010, p. 5, available via pdf ( Responses to the consultation on Package Travel Directive 90/314 ) Commission, Working document on the results of the public consultation on the revision of the general product safety directive, 17 November 2010, available via ( Responses to the consultation on Product Safety Directive 2001/95 ) Commission, Staff working document analysis of the application of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights in the Member States, SEC(2010) 1589 final, 22 December 2010 ( Staff working document accompanying the report on IPR Enforcement Directive 2004/48 ) Commission, Staff working document on the public consultation towards a coherent approach to collective redress, SEC(2011) 173 final, 4 February 2011 ( Public consultation towards a coherent approach to collective redress ) Commission, Working paper comments on the Opinion of European academics on Anti-Counterfeiting Trade Agreement, 27 April 2011, available via docs/2011/april/tradoc_ pdf ( Comments on the opinion of European academics on ACTA ) Commission, Note to file on the public hearing on Directive 2004/48/EC and the challenges posed by the digital environment, 7 June 2011, available via market/iprenforcement/docs/conference /hearing-report_en.pdf ( Responses to the public hearing on IPR Enforcement Directive 2004/48 ) Commission, Staff working document evaluation report: impact and effectiveness of EU public procurement legislation, SEC(2011) 853 final, 27 June 2011 ( Report on the impact and effectiveness of EU public procurement legislation )