Private enforcement of EU law before national courts : the EU legislative framework / Folkert Wilman, Member of the Legal Service of the European Commission, Belgium.
2015
KJE947 .W55 2015 (Map It)
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Details
Author
Title
Private enforcement of EU law before national courts : the EU legislative framework / Folkert Wilman, Member of the Legal Service of the European Commission, Belgium.
Published
Cheltenham, UK : Edward Elgar Publishing, [2015]
Call Number
KJE947 .W55 2015
ISBN
9781784718480 (cased)
1784718483 (cased)
9781784718497 (eBook)
1784718483 (cased)
9781784718497 (eBook)
Description
liii, 601 pages ; 25 cm.
System Control No.
(OCoLC)919108228
Bibliography, etc. Note
Includes bibliographical references (pages 565-597) and index.
Series
Record Appears in
Table of Contents
List of abbreviations
xiii
Table of cases and opinions
xv
Table of legislation and official documents
xxxi
Part A Introduction And Background
1.
Introduction
3
A.
Vigilance Of Individuals In EU LAW
1.
creation of a private enforcement model
2.
EU involvement with private enforcement
B.
EU Legislative Framework
1.
Brief overview
2.
Purpose and selection
3.
Outline
2.
Key Principles, Public Enforcement And Case Law
24
A.
National Procedural Autonomy, Equivalence And Effectiveness
1.
Principle of national procedural autonomy
2.
Principle of equivalence
3.
Principle of effectiveness
B.
Principle Of Effective Judicial Protection
1.
Effective judicial protection: Introduction
2.
Effective judicial protection: Application
C.
Public Enforcement
1.
Infringement proceedings
2.
Other forms of public enforcement
D.
Key Case Law Relating To Private Enforcement
1.
Simmenthal, Factortame and Francovich
2.
Courage and Munoz
3.
Comparison and assessment
Part B Selected EU Legislation
3.
Public Procurement Law
63
A.
Introduction
1.
Substantive EU public procurement law
2.
Procurement Remedies Directives: General issues
3.
Additional general remarks
B.
Remedies
1.
Interim measures and setting aside injunctions
2.
Actions for damages
3.
Contractual remedy
C.
Procedural Provisions
1.
Legal standing, limitation periods and standstill periods
2.
Forum and procedure
D.
Other Enforcement Issues
1.
Alternative compliance mechanisms and alternative dispute resolution
2.
Public enforcement
4.
Intellectual Property Law
105
1.
Substantive law and infringements
2.
IPR Enforcement Directive: General issues
1.
Measures on the disclosure of evidence
2.
Interlocutory injunctions and seizures
3.
Corrective measures and "permanent" injunctions
4.
Actions for damages
5.
Legal costs and publicity measures
1.
Legal standing
1.
Alternative dispute resolution
5.
Consumer Protection Law
146
1.
Background
2.
Substantive EU consumer law and consumers' rights of redress
B.
Consumer Injunctions Directive: Injunctions
1.
Introduction, mutual recognition and remedies
2.
Other provisions, practical effects and other legislation
C.
Unfair Terms Directive: Contractual Remedies
1.
Introduction and contractual remedy
2.
Own-motion judicial review, practical effects and other legislation
D.
Product Liability Directive: Damages
1.
Introduction, no-fault liability and damage
2.
Limits, practical effects and other legislation
E.
Other Enforcement Issues
1.
General
2.
Collective redress
3.
Alternative dispute resolution
4.
Public enforcement
6.
Competition Law
193
1.
Substantive EU competition law and its application
2.
Infringements and damage
3.
Article 101(2) TFEU: Contractual remedy
B.
Towards The Competition Damages Directive
1.
Early developments (1960-2000)
2.
Legislative reform and Courage case law (2000-05)
3.
Green paper, white paper and draft proposal (2005-10)
4.
Pfleiderer case law and proposal (2010-13)
C.
Competition Damages Directive
1.
General issues
2.
Actions for damages, qualification and quantification
3.
Measures on the disclosure of evidence
4.
Joint and several liability and passing-on
5.
Procedural provisions
1.
Alternative dispute resolution and settlements
Part C Comparison And Contextualisation: Remedies And Procedures
7.
Actions For Damages And Actions For Injunctions
255
A.
Actions For Damages
1.
General: Contradictions and paradoxes
2.
Fault
3.
Causality
4.
Quantification of damages
5.
Qualification of damages and joint and several liability
6.
Punitive damages and other damages going beyond compensation
B.
Actions For Injunctions
1.
Comparative overview and general remarks
2.
Injunctions: Practice and applicable conditions
3.
Competition law and cross-border litigation
8.
Contractual And Other Remedies
303
A.
Contractual Remedies
1.
Terminology, nature and functioning in practice
2.
Member States' flexibility and non-infringing provisions
3.
Excluded contracts
B.
Other Private Enforcement Remedies
1.
Interim relief
2.
Measures on the disclosure of evidence
3.
Recurring penalty payments
4.
Publicity measures
5.
Measures on legal costs
6.
"Unregulated" remedies: Declarations, unjust enrichment, restitution
9.
Procedural Issues
351
A.
Scope And Legal Standing
1.
Scope
2.
Legal standing
B.
Limitation Periods And Rules Of Evidence
1.
Limitation periods
2.
Rules of evidence
C.
Forum And Rules Facilitating Settlements
1.
Forum
2.
Rules facilitating settlements
D.
Judicial Review
1.
Standard of judicial review
2.
Own-motion judicial review
Part D Broader Aspects, Perspectives And Conclusions
10.
How, When And Why Of EU Legislation On Private Enforcement
393
A.
EU'S Legal Scope To Act
1.
Legal basis issues
2.
Subsidiarity, proportionality and fundamental rights
3.
National procedural autonomy revisited
B.
Political Aspects And Policy-Related Factors
1.
Political aspects
2.
Overall enforcement framework
3.
International dimension
4.
Temporal aspect
C.
Added Value Of EU Legislation On Private Enforcement
1.
Legislative v judicial action
2.
Other relevant factors
D.
Coherence And Fragmentation
1.
Coherence and fragmentation at EU level
2.
Coherence and fragmentation at national level
3.
Towards a more coherent approach?
11.
Two Perspectives On Private Enforcement
454
A.
Effectiveness Perspective
1.
Two expressions of effectiveness
2.
From dual nature to dual vigilance
3.
Tensions and potential conflicts
4.
Three final remarks
B.
Horizontalisation Perspective
1.
horizontalisation of EU law and its enforcement
2.
Private enforcement implications
3.
Costs, litigation culture and diffuse interests
4.
Hybrid enforcement
5.
Fundamental rights (1): Horizontal effects and "civil" rights
6.
Fundamental rights (2): "Criminal" rights
12.
Summary And Conclusions
507
A.
Private Enforcement Between Interference And Autonomy
1.
scope for enacting EU legislation on private enforcement
2.
limits to the EU's scope to act and its consequences
B.
Remedies And Procedures For Private Enforcement Purposes
1.
Actions for damages
2.
Actions for injunctions
3.
Contractual remedies
4.
Interim relief, measures on the disclosure of evidence and penalty payments
5.
Publicity measures, legal costs and "unregulated" remedies
6.
Scope, legal standing, limitation periods and rules of evidence
7.
Forum, rules facilitating settlements and judicial review
C.
Private Enforcement In Perspective
1.
Private enforcement as a supplementary enforcement instrument
2.
Concluding remarks
Bibliography
565
Index
599