The information compiled by legal data provider Sweet & Maxwell reveals that as the escalation of the economic crises continued throughout 2011, business fought harder to save their market share and protect profitability.
Market position
The most significant surge came in competition cases, which rose to 60 in 2011 from 20 in 2010. Taxation and intellectual property cases also increased substantially.
Professor Panos Koutrakos, editor of Sweet & Maxwell’s European Law Review, said: ‘With many European economies in recession or stagnating, businesses are finding it increasingly difficult to increase or simply maintain market position. This inevitably leads to disputes as some businesses look to gain an unfair commercial advantage.
‘The surge in competition-related cases shows how the EU institutions are spending considerable time fighting to maintain the integrity of the internal market. This is noteworthy as, in the light of the economic situation in Europe, national governments may find it difficult to resist the temptation to succumb to protectionism.’
Direct actions
The total number of cases leapt 9 per cent between 2010 and 2011. The research also shows the number of direct actions -- cases brought by the EU against member states, or by member states against each other – declined to its lowest level since 1977.
‘The workload for the ECJ has increased considerably over the last five years. This may be in part due to the expansion of the EU,’ added Professor Koutrakos. ‘The steep fall in the number of new direct actions against member states is particularly interesting, given that it is rather unlikely that member states have become more law abiding.’
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