Lecture notes
Effectiveness and Equivalence of Remedies
- Institution
- University Of Sussex (UoS)
Lecture notes of 3 pages for the course Constitutional Foundations in the EU at UoS (.)
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Effectiveness and Equivalence of Remedies45/76 Comet BV v Produktschap voor Siergewassen
In the absence of any relevant community rules, it is for the national legal order of
each member state to lay down the procedural rules.
Rules should not be less favourable than those governing the same right of
action on an internal matter.
Those rules should not make it impossible in practice to exercise right which
the national courts have a duty to protect.
Court of Justice ties in the principle of effectiveness with the principle of direct
effect.
Where an EU law right is involved, national procedural law must not deprive a
litigant of their rights under the law.
158/80 Rewe-Handelsgesellschaft Nord mbH and Rewe-Markt Steffen v Hauptzollamt Kiel
Examines the free movement of goods, particularly concerning the common customs
tariff of the EU.
‘It was not intended to create new remedies in the national courts to ensure the
observance of community law other than those already laid down by national law…
Yet it must be possible for every type of action provided for by national law to be
available for the purpose of ensuring observance of community provisions having
direct effect, on the same conditions concerning the admissibility and procedure as
would apply were it a question of ensuring observance of national law’.
In order to ensure EU judicial remedies, it is not necessary to create new ones
at national level to ensure the observance of community law.
But, national courts can rely on existing national rules to ensure the provision
of judicial remedies.
C-6/90 and C-9/90 Andrea Francovich and Danila Bonifaci and others v Italian Republic
National law applies to state liability for breaches of EU law.
Nevertheless, the relevant substantive and procedural conditions laid down by the
national law of the Member States must not be less favourable than those relating to
similar domestic claims and must not be framed as to make it virtually impossible or
excessively difficult to obtain reparation.
Procedural autonomy provided national remedies are equivalent and
effective.
Intervention re Equivalence
Time limits and access to court different for EU-derived remedies:
C-326/96 B.S. Levez v T.H. Jennings (Harlow Pools) Ltd.
Community law precludes the application of a rule of national law
which limits an employee’s entitlement to arrears of remuneration or
damages for breach of the principle of equal pay (in particular
instances)
Access to procedures different for non-national companies:
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