Tort Law is not harmonised at a European level. Substantive and procedural regulations vary substantially across EU Member States in most of the facets and dimensions of damages actions. These differences derive, amongst other causes, from different legal traditions. However, significant efforts...

In this case comment, I explore the two EFTA Court Judgments in the Fosen-Linjen saga and their opposing views on the interaction between EU/EEA rules on procurement remedies and the more general principle of State liability for breaches of EU/EEA law. I review the case law of the Court of...

The EFTA Court adopted two recent Judgments on the liability thresholds for damages claims for breaches of EU/EEA public procurement law. In Fosen-Linjen I, it followed the so-called separation thesis of procurement damages and State aid liability and found that ‘A simple breach of public...

This paper offers some reflections on the position advanced by the EFTA Court that a simple breach of EU public procurement law is in itself sufficient to trigger the contracting authority's liability in damages (Fosen-Linjen). I argue that this position is flawed because it deviates from...

This paper reviews the treatment afforded to involuntary creditors (ie, creditors for damages) by Spanish Law 22/2003, of July 9, on Insolvency. The article describes the legal regime (mainly, art. 91.5 of the Law), points out interpretative difficulties and shortcomings of the current legal...

The use of greenhouse gas emission rights as financial collateral and the feasibility of their enforcement by sale or appropriation raise some issues, such as discerning the legal nature of emission rights under securities law, their suitability for the creation of limited rights and liens...

One of the contributions of the Chicago School to economic theory is that of underlining the importance of compliance costs on entrepreneurial activity and economic growth. From a business perspective, complying with general regulations and administrative red tape is a costly burden that may...

This paper looks at public procurement and State aid rules as two examples of areas of EU economic law subjected to interpretative and enforcement difficulties due to the introduction, sometimes veiled, of subjective elements in their main prohibitions. The paper establishes parallels with other...

In this chapter, I reflect on the topic of ‘lay decision-making in the legal system' from the perspective of the economic analysis of law. Or, in other words, I look at the ways in which economic theory and insight can help resolve issues of legal decision-making by providing both a...

This short note on methodology has been extracted from my PhD thesis, which deals with the relationship between public procurement and competition policy at the EU level (a reworked version has been recently published as Public Procurement and the EU Competition Rules, Oxford: Hart Publishing,...