The Court of Justice of the European Union has developed a line of case law in which national procedural rules have been tested against the EU law requirement of effectiveness (i.e. case law on national procedural autonomy and effective judicial protection). In the framework of my Ph.D research I am looking for national court decisions throughout the EU that have used the CJEU's case law to set aside national rules of civil procedure. Alternatively, cases in which national courts have given a new interpretation to rules of national civil procedure in order to bring them in line with the EU law requirement of effectiveness are also welcome. I am particularly looking for judgments related to consumer protection but judgments in other areas are also much appreciated. Many thanks in advance!
Are you aware of national court decisions in which civil procedure rules were deemed to be contrary to the EU principle of effectiveness?
Hello Janek, in one paper about consumer protection in EU law ant the relationship with National Law, I refered to some Spanish Supreme Court cases that maybe can be of your interest,
Sentencia del Tribunal Supremo de 9 de mayo de 2013 (nº 485/2012).
Sentencias del Tribunal Supremo de 24 de marzo de 2015 (138/2015) and 25 de marzo de 2015 (nº 139/2015).
Best regards
Presentation Status of Consumer protection in the ECJ’s case Part II
Hi Janek - there are a few examples of problems between the UK and EU law regarding effectiveness in the field of motor vehicle insurance law. My colleagues and I have written about some of these in an article 'Irreconcilable Differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives' which will be appearing in the Journal of Business Law in January next year.
Very best wishes,
James.
You can take a look at Hungary's ridiculous campaign against refugees where they had a referendum and the government wants to change the Constitution saying nobody can settle "aliens" or "illegal migrants" to the territory. They think they can go above EU law and tell Brussels what to do. It's hard to find any English links on Hungarian laws, however I can recommend the blog of Gabor Halmai, he is a professor at EUI in Florence and was working for the Hungarian Constitutional Court: https://blogs.eui.eu/constitutionalism-politics-working-group/2016/10/07/invalid-anti-migrant-referendum-hungary/ This action was not challenged yet, as it is pretty new. Not consumer law, but I still hope it can help.
Good luck with your thesis.
Kind regards,
Emese
Dear Janek, what an interesting topic! My own PhD research dealt with a very similar research question but with respect to administrative justice. I would be interested in reading the results of your research. Furthermore, I also know that at Maastricht University there is a group (lead by Prof. Jan Smits) who deals with Europeanisation of consumer protection rules, and there is also Prof. van Rhee who specifically studies civil procedure in a European perspective.
Hi, may be a look on the unalex database could help (http://www.unalex.eu/Judgment/Judgment.aspx). There are a lot of national court decisions, even if mostly on Brussels I/Ia, available.
Best regards, Andreas Schwartze
Hi Janek, I could send you some judgments of Czech courts on a number of consumer law cases (injunctions actions by consumer organizations) where Czech courts have upheld national procedural rules contrary to the principle of effectiveness of EU law and thus blocked the enforcement of EU law. This may be contrary to what you are looking for, but maybe interesting to balance your account of the topic. If you are interested, please email me at [email protected].
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