Private Enforcement of EU Law Before National Courts

Private Enforcement of EU Law Before National Courts

The EU Legislative Framework

Elgar European Law and Practice series

Folkert Wilman

Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.


Folkert Wilman

Subjects: law - academic, constitutional and administrative law, european law, law -professional, european law


This chapter focuses on EU intellectual property law and, in particular, on the IPR Enforcement Directive. The outline of this chapter largely mirrors that of the foregoing chapter. Accordingly, the first section below discusses the relevant substantive rules and the background and context of this directive. The next sections then analyse its main content. In the latter context the remedies which this directive provides are discussed, whereby a distinction is made between measures of a preliminary, provisional and precautionary nature, actions for damages and other decisions on the merits under this directive. Attention then turns to the most relevant procedural provisions. The final section of this chapter is dedicated to other enforcement-related issues concerning infringements of intellectual property rights, in particular the public enforcement dimension. This section introduces the IPR Enforcement Directive. To this aim the first subsection below briefly outlines the EU’s involvement with substantive intellectual property law and the infringements thereof that this directive seeks to address. Subsequently the background and a number of general issues relating to this directive are discussed, followed by some additional general remarks on the context in which it is applied. Intellectual property rights are the rights given to persons over the creations of the mind, usually giving those persons an exclusive right over the use of their creations for a certain period of time. The term “intellectual property” in its classic sense encompasses two main categories.

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