Private enforcement of EU law before national courts : the EU legislative framework / Folkert Wilman.

Format:

Book

Author/Creator:

Wilman, Folkert, author.

Series:

Elgar European law and practice

Elgar European Law and Practice

Language:

English

Subjects (All):

Law--European Union countries.

Law.

Courts--European Union countries.

Courts.

Physical Description:

1 online resource (656 p.)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2015.

Language Note:

English

Summary:

Private Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States. Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension. The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States. Key features of the book include: Expert authorship from a Member of the Legal Service of the European Commission; Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts; Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields; Extensive discussion of the scope for the EU to act vis-à-vis the autonomy of the Member State; One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104); Exposition of key case law relating to private enforcement and the remedies available to private parties.

Contents:

pt. A. Introduction and background

pt. B. Selected EU legislation

pt. C. Comparison and contextualisation : remedies and procedures

pt. D. Broader aspects, perspectives and conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78471-849-1