Private Enforcement of EU Law Before National Courts Private Enforcement of EU Law Before National Courts - The EU Legislative Framework

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. 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.

Part I Introduction and Background 1. Introduction 2. Key Principles, Public Enforcement and Case Law Part II Selected EU Legislation 3. Public Procurement Law 4. Intellectual Property Law 5. Consumer Protection Law 6. Competition Law PART III Comparison and Contextualisation: Remedies and Procedures 7. Actions for Damages and Actions for Injunctions 8. Contractual and Other Remedies 9. Procedural Issues PART IV Broader Aspects, Perspectives and Conclusions 10. The How, When and Why of EU Law on Private Enforcement 11. Two Perspectives on Private Enforcement 12. Summary and Conclusions Bibliography Index