ECJ caseload sees 20% hike in 2011 as economic woes swell disputes
The number of commercial disputes brought before the European Court of Justice (ECJ) rose 20% last year, with a notable increase in economic and monetary policy, competition and tax cases.
July 10, 2012 at 07:43 AM
2 minute read
The number of commercial disputes brought before the European Court of Justice (ECJ) rose 20% last year, with a notable increase in economic and monetary policy, competition and tax cases.
According to data from legal information provider Sweet & Maxwell, the number of commercial disputes at the court grew from 311 in 2010 to 374 in 2011.
The number of economic and monetary cases saw the biggest percentage increase, growing from one dispute in 2010 to 17 in 2011.
Competition cases also increased significantly across the 12 month period from 20 in 2010 to 60 in 2011, while the number of tax disputes increased 37% from 62 to 85.
Intellectual and industrial property cases at the ECJ rose from 49 to 58 year-on-year and consumer protection disputes grew from 10 in 2010 to 23 in 2011.
The rise in commercial disputes has been attributed by Sweet & Maxwell to the economic crisis causing businesses to fight harder for market share and to protect profitability.
Herbert Smith dispute resolution partner Ted Greeno said: "I imagine that the rise in competition cases is partly attributable to appeals over fines for infringements such as cartels, which there seem to have been a larger number of in the last year, as well as higher fines. There is also an increasing number of procedural cases in which potential claimants are trying to get access to documents that the Commission has obtained from companies.
"Increases in tax cases will relate, at least in part, to the implementation of new taxes introduced in recent years to try and repair public finances."
The number of new cases referred to the ECJ from national courts also increased by 10% over the year from 385 in 2010 to 423 in 2011. The number of direct actions – cases brought by the EU against member states, or by member states against each other – has dropped to its lowest level since 1977. There were 81 new direct actions in 2011, down from 136 in 2010.
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