Private Enforcement of EU Law Before National Courts
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Private Enforcement of EU Law Before National Courts

The EU Legislative Framework

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.
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Folkert Wilman


This final chapter of Part B is concerned with the private enforcement-related developments regarding EU competition law. In this field both the oldest and the most recent EU legislative measures of the type under consideration here can be found. Since the very beginning of EU law, the EU Treaties have contained an important contractual remedy, laid down in Article 101(2) TFEU, while at the end of 2014 the Competition Damages Directive was adopted. A discussion of these two measures and in particular this directive lies at the heart of this chapter. In the following section this field of law is first introduced. Attention then turns to the Competition Damages Directive. First the road towards the adoption of this directive is outlined in some detail, considering its long history and the insights that this offers as regards the coming into being of this recent private enforcement-related act of secondary EU law. Next the content of this directive is analysed. In the final section of this chapter, several other issues relevant to the enforcement of EU competition law are discussed, particularly the applicable public enforcement mechanisms. This section begins with a brief outline of the main rules of substantive EU competition law and the rules of secondary EU law that regulate their application. It then discusses some of the typical sorts of competition law infringements that are of relevance here and the damage that these infringements cause to individual parties and to society as a whole.

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