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 summarises the main findings that emerge on the basis of the foregoing and brings together the most important general lines running through the earlier chapters. It concentrates on the questions of what EU legislation facilitating the private enforcement of EU law before national courts entails, particularly in terms of remedies and procedural provisions, and how legislation of this kind should be understood more generally, notably as regards its typical characteristics and underlying objectives as well as the advantages and drawbacks of and the limits to the choices made by the EU legislature in this connection. To that end this chapter consists of three parts. In the first section a number of general remarks are made with respect to the EU’s legislative activities relating to private enforcement. The second section then focuses more specifically on the remedies and procedural provisions for private enforcement purposes set out in the EU legislation at issue. The last section outlines the main findings with respect to the nature, limits and effects of private enforcement generally and EU legislative action in this regard in particular. A central theme in this section is the tension that can exist between EU “interference” and the Member States’ “autonomy” in relation to the (possible) adoption of EU legislation facilitating the private enforcement of EU law.

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