Der effet utile und das Kartellzivilrecht

This book points out the importance of effet utile (practical effectiveness) in the area of private enforcement of EU competition law and subsequently transfers this principle from cartel damages to further remedies. Using the rulings of the European Court of Justice (ECJ) on cartel damage claims, the author first develops criteria in order to make use of the highly vague principle of effet utile. She then transfers these criteria to areas on which the ECJ has not yet pronounced any rulings. For instance, she elaborates on how the Damages Actions Directive conforms to EU competition law and raises the question of private enforcement including a solution to unjust enrichment. The author has worked as a research assistant at the Institute of Commercial, Business and Labour law at the University of Marburg and is currently working at the German Federal Ministry of Economics and Energy in Berlin.