Research Handbook on the Brussels Ibis Regulation
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Research Handbook on the Brussels Ibis Regulation

Edited by Peter Mankowski

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Chapter 14: Article 55 Brussels Ibis Regulation, enforcement by penalty and the astreinte

Guillaume Payan

Abstract

While the European Commission proposed to extend the principle of free movement to court decisions ordering an ‘unquantified’ penalty payment, the European Union legislator finally opted for the status quo in Regulation (EU) No 1215/2012 of 12 December 2012. If, in the state of the positive law, this solution appears fully justified, the holding of a hypothetical harmonization of national legislation relating to the penalty payment could make the European Commission's proposal realistic and appropriate.

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