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


In Part A above the most important EU law principles and case law relating to private enforcement were assessed, together with the relevant public enforcement mechanisms. Part B subsequently outlined and analysed on an individual basis selected EU legislation relating to private enforcement before national courts in four fields of EU law. Building on the foregoing, Part C essentially seeks to analyse this legislation in a comparative and contextual manner, with a particular emphasis on the remedies and procedural rules provided for therein. Where appropriate, the findings that thus emerge are placed in their broader context, especially by taking account of legislation and case law concerning other fields of EU law. To this aim the present Chapter 7 concentrates on two of the three “main” (substantive) remedies that can be identified in this context, namely actions for damages and actions for injunctions. Chapter 8 continues this assessment by analysing the third “main” class of action for private enforcement purposes, contractual remedies, as well as the other remedies. Chapter 9 then discusses the most relevant procedural provisions. In the foregoing chapters it has been seen that the Procurement Remedies Directives, the IPR Enforcement Directive, the Product Liability Directive and the Competition Damages Directive all aim to facilitate the bringing of actions for damages. These actions for damages are therefore evidently an important remedy when discussing EU legislation facilitating the private enforcement of EU law.

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