Volume 53 (2016)

Volume 53 (2016) / Issue 4

F.G. Wilman, 'The end of the absence? The growing body of EU legislation on private enforcement and the main remedies it provides for' (2016) 53 Common Market Law Review, Issue 4, pp. 887–935

Abstract

Private enforcement is essential in the EU legal order. It has however long been left mainly to the Member States to lay down the rules on remedies and procedures that apply in such proceedings before their national courts. Nevertheless, with a view to facilitating this form of enforcement and addressing concerns in light of the reliance on national law, the EU has established a growing body of secondary EU law on the matter. This paper analyses that body of law. It concentrates on the four main private enforcement remedies (actions for damages, injunctive relief, contractual remedies, interim relief) provided for in selected acts of EU legislation relating to four fields of law (public procurement, intellectual property, consumer protection and competition law). It seeks to shed light also on the content and functioning of this kind of EU legislation more generally and on how it fits into the broader body of EU law.

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ISSN: 0165-0750
ID: COLA2016088