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


In the previous chapter the relevant EU rules on actions for damages and actions for injunctions have been considered. By means of a continuation of the comparative and contextual analysis set out there, the present chapter turns to the remaining remedies for private enforcement purposes laid down in the selected EU legislation discussed in Part B above. To that end this chapter consists of two sections. In the first section, the third and final “main” (substantive) class of actions distinguished here, namely contractual remedies, is analysed. The following section then discusses the other remedies laid down in that legislation. This section concentrates on actions intended to make good infringements of EU law by seeking to nullify or to otherwise make ineffective the contractual arrangements entered into by the parties concerned, which are referred to here as contractual remedies. After a brief overview, the terminology used in the legislation at issue as well as the nature and practical functioning of this remedy are discussed. The following subsection then assesses in further detail, first, the flexibility left to the Member States in relation to this remedy and, second, the position of the parts of the contract that are not incompatible with EU law. In the third and final subsection attention turns to the regime applicable to what are called “excluded” contracts, which refers to contracts that fall entirely outside the scope of the EU rules at issue here but that are covered by primary EU law.

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