Part II The Interplay Between Administrative, Civil, and Criminal Proceedings, 6 Admissibility and Effect of Decisions in Other Proceedings

Subject(s):

European Union — Arbitration procedures — Allocation of cases — Judicial review — National Courts — National courts

This chapter is concerned with the effect of decisions in one set of proceedings on another set of proceedings. The possible interactions are several: the admissibility and effect of administrative decisions in civil proceedings, the admissibility and effect of administrative decisions in criminal proceedings, the admissibility and effect of civil judgments in administrative proceedings, the admissibility and effect of civil judgments in criminal proceedings, the admissibility and effect of criminal convictions in administrative proceedings, and the admissibility and effect of criminal convictions in civil proceedings. In practice, the problem has arisen mainly in relation to the effect of the European Commission decisions in damages actions and other national competition authorities (NCAs) before national courts. The same issue arises as regards decisions by the CMA or other organizations. Many aspects of this complex issue are now codified and the relevant EU and national provisions have given rise to complex case law.