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 continues the comparative and contextual analysis of the EU legislation and other relevant developments discussed in Part B that commenced in the two previous chapters. It does so by analysing in the four sections below the relevant provisions on a range of procedural issues that have either been set out in that legislation or that are otherwise of particular relevance in this connection, especially in light of the case law of the Court of Justice. This analysis also includes an issue that is not procedural in nature, strictly speaking, namely the scope of the legislation under consideration. This first section subsequently addresses the rules on the scope of the EU legislation facilitating the private enforcement of EU law before national courts under consideration in Part B above and on the legal standing of private parties wishing to initiate such private enforcement proceedings. The importance of the rules on scope of the EU legislation at issue here lies first and foremost in the fact that they determine in respect of which substantive rules the remedies and procedures provided for in that legislation can be relied upon. In this connection the following two approaches can be distinguished. The first approach is one whereby the scope of the particular private enforcement-related act of secondary EU law essentially coincides with that of the substantive rules of EU law in question.

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