Overview

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.

Full Product Details

Author:   Folkert Wilman
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
ISBN:  

9781784718480

ISBN 10:   1784718483
Pages:   656
Publication Date:   25 September 2015
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Contents: 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

Reviews

'This book is a must read for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.' -- Jan M. Hebly, Houthoff Buruma, the Netherlands 'Wilman has produced a fundamental and important oeuvre, thoroughly discussing the pros and cons of private enforcement. His book is well structured, its argument is well founded and clear. His research will be an important foundation for the future development and evolution of private enforcement in EU law.' -- Common Market Law Review 'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.' -- Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The so-called private enforcement of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.' -- Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands 'By employing examples from different areas of law, this book engages in a very rich discussion on different remedies and procedures in EU law... the book offers a substantiated and illuminating analysis as to how, when and why EU legislation facilitates private enforcement of EU law. The book's main strength lies in its comprehensive approach of a very complex subject matter and will no doubt be of interest to academics, policy makers and practitioners working in this field.' -- World Competition

'This book is a must read for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.' -- Jan M. Hebly, Houthoff Buruma, the Netherlands 'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.' -- Marco Bronckers, Partner, VVGB Advocaten, Belgium 'The so-called private enforcement of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.' -- Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands 'By employing examples from different areas of law, this book engages in a very rich discussion on different remedies and procedures in EU law... the book offers a substantiated and illuminating analysis as to how, when and why EU legislation facilitates private enforcement of EU law. The book's main strength lies in its comprehensive approach of a very complex subject matter and will no doubt be of interest to academics, policy makers and practitioners working in this field.' -- World Competition

"‘This book is a ""must read"" for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book—public procurement, intellectual property, consumer protection and competition—Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.’ -- Jan M. Hebly, Houthoff Buruma, the Netherlands ‘Wilman has produced a fundamental and important oeuvre, thoroughly discussing the pros and cons of private enforcement. His book is well structured, its argument is well founded and clear. His research will be an important foundation for the future development and evolution of private enforcement in EU law.’ -- Common Market Law Review ‘This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.’ -- Marco Bronckers, Partner, VVGB Advocaten, Belgium ‘The so-called “private enforcement” of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.’ -- Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands ‘By employing examples from different areas of law, this book engages in a very rich discussion on different remedies and procedures in EU law. . . the book offers a substantiated and illuminating analysis as to how, when and why EU legislation facilitates private enforcement of EU law. The book’s main strength lies in its comprehensive approach of a very complex subject matter and will no doubt be of interest to academics, policy makers and practitioners working in this field.’ -- World Competition"

Author Information

Folkert Wilman, Member of the Legal Service of the European Commission, Belgium

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