Transposition of Directive 2014/104/EU into national law – Cyprus

Jul 30, 2017 | Action for damages, Civil actions, Competition policy

The Actions for Damages for Infringements of Competition Law (Law 113(I)/2017) (the “Law”) came into force on the 21st July 2017.

The new Law transposes into national law the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union.

The Law aims to ensure the effective right of parties who have suffered damages due to anti-competitive conduct of undertakings or associations of undertakings, to be fully compensated for their losses. This includes indirect purchasers, given that they successfully prove that an overcharge resulting from the infringement of Competition Law has been passed onto them.

The Law establishes certain rules regarding the disclosure of evidence in the context of an action for damages for an infringement of Competition Law. More specifically, it sets out rules which facilitate, under certain circumstances, the access of parties aiming to support a claim or defence, to evidence or categories of evidence which are in possession of other parties, third parties or in the file of a national competition authority or of the European Commission. The Law also sets out certain limitations for evidence acquired solely from a file of a national competition authority or of the European Commission. Moreover, it sets out the appropriate measures which must be taken for the protection of confidential information acquired for the purpose of the claim.

According to the provisions of the Law, the Court may impose sanctions in the form of a fine of up to €250.000 and/or imprisonment of up to 6 months to parties, third parties or their legal representatives, in cases of failure or refusal to comply with an order of disclosure or the obligations regarding the protection of confidential evidence, destruction of evidence and for the violation of the restrictions regarding the use of evidence. 

Furthermore, it is noted that according to the Law, a final decision of the Commission for the Protection of Competition (“CPC”) is regarded as an irrefutable presumption, which automatically proves the infringement of Competition Law, whereas final decisions of national competition authorities or appellate courts of other EU member states, constitute a prima facie evidence of infringement which can be assessed alongside additional evidence brought before the court.

Moreover, rules are set out regarding the liability of infringing parties and the ability an infringing party to claim contribution from another infringing party, while the Law also provides defendants in an action for damages to use “passing on” defence, in order to claim that the overcharge due to the infringement was passed on by the claimant further down the supply chain.

The limitation period for the exercise of a right to claim compensation under the Law is 6 years. It should be noted that the Law sets out the circumstances under which the limitation period can be suspended.

Additionally, the Law includes provisions regarding the effects of a consensual settlement on the action for damages on the limitation period, the calculation of the fine imposed by the CPC, as well as on subsequent actions for damages.


The Law can be found here.

For further information regarding our services in relation to action for damages see here.

Subscribe to our Newsletter