TOWARDS AN IMPROVED APPLICATION OF EUROPEAN UNION LAW IN LITHUANIA: THE EXAMPLES OF COMPETITION LAW AND INTELLECTUAL PROPERTY LAW - Descarga este documento en PDF. Documentación en PDF para descargar gratis. Disponible también para leer online.

Croatian yearbook of European law & policy, Vol.3. No.3. November 2007. -

Summary: Although both the Lithuanian authorities and Lithuanian courts had already

started to apply EC law well before accession, the quality of application of EC law and

the frequency of its use have only improved within the last two years. Nevertheless, there

is still room and need for improvement in this area before proper application of EC law

in all sectors is achieved. This article analyses some cases decided by the Lithuanian

authorities and the highest Lithuanian courts for both administrative and general

jurisdiction, mainly in the fields of competition law and intellectual property law.

Summarising the application of EC law by the Lithuanian Supreme Court in the area of

civil jurisdiction, particularly intellectual property rights, on the one hand, and the

Lithuanian Supreme Administrative Court and the Lithuanian Competition Council, with

a special focus on competition law, on the other, the authors contend that the application

of EC law in the areas under consideration is far from ideal. In most cases, courts have

not yet developed a general view of Community law as a sui generis system of law. There

are still difficulties in distinguishing between EC law and ordinary international law.

Instead of referring to the specific nature of EC law, which is accepted in both

constitutional jurisprudence and national legislation, courts treat EC law as something

analogous to international law. The principles set forth by the ECJ concerning the

‘ideal’ application of Community law by the national judiciary have apparently not yet

been fully comprehended by Lithuania’s courts. While they seem to have learned that

supremacy must be given to EC law, in most cases they are unable to consistently

incorporate reasoning based on such supremacy into their judgments. However, when

these two ‘pioneer’ fields of EC law application are analysed, it is obvious that changes

are gradually occurring. The first examples of application by both supreme courts were

very poor ones, lacking a systematic approach to application and insufficient in both

quality and quantity. The development of case law in trademark disputes permits a more

positive evaluation, while in the area of competition law EC law has begun to be applied

much more purposefully. ECJ case law is being referred to, and arguments by the parties

based on EC law are given due consideration. Still, these two areas represent the most

well-developed ones, while similar progress has not yet been seen in other fields of EC

law. Hopefully, satisfactory practice in the fields considered here will spill over into a

more general awareness of EC law and, accordingly, its proper application. Since ‘the

will’ to apply EC law seems to exist on the part of national courts and institutions, ‘the

way’ to apply it correctly must also be found. For the moment, the way is time, training

and practice.

Autor: Yvonne Goldammer - Elzė Matulionytė -



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