The University of Southampton
University of Southampton Institutional Repository

Cross-border private enforcement of community law

Cross-border private enforcement of community law
Cross-border private enforcement of community law
It is legally more complex to regulate the non-economic aspects of the Single Market, such as a high level of consumer protection, than to ensure market access by operators. The latter can frequently be ensured by the disapplication of national rules obstructing one of the free movements provisions, whereas the former may require the courts to practically redraft a rule of national law. Ensuring compliance with Community standards will depend to a large extent on the willingness of the national courts to creatively construe their domestic law in order to give effect to Community law. Private law sanctions, in particular injunctions, are useful as a policing mechanism in this context. In cross-border situations in particular, civil remedies are potentially effective instruments of enforcement, both for the benefit of private actors and public bodies. The main part of this paper will be a detailed discussion of four illustrative cases, including the Konsumentenombudsman case of July 1997. Before doing so, the legal framework is sketched; afterwards, the most relevant legislative development will be examined.
391-418
Kluwer Law International
Betlem, Gerrit
aedeeac7-b8af-4209-9caa-bee60854246d
Vervaele, J.A.E.
Betlem, Gerrit
aedeeac7-b8af-4209-9caa-bee60854246d
Vervaele, J.A.E.

Betlem, Gerrit (1999) Cross-border private enforcement of community law. In, Vervaele, J.A.E. (ed.) Compliance and Enforcement of European Community Law. The Hague, The Netherlands. Kluwer Law International, pp. 391-418.

Record type: Book Section

Abstract

It is legally more complex to regulate the non-economic aspects of the Single Market, such as a high level of consumer protection, than to ensure market access by operators. The latter can frequently be ensured by the disapplication of national rules obstructing one of the free movements provisions, whereas the former may require the courts to practically redraft a rule of national law. Ensuring compliance with Community standards will depend to a large extent on the willingness of the national courts to creatively construe their domestic law in order to give effect to Community law. Private law sanctions, in particular injunctions, are useful as a policing mechanism in this context. In cross-border situations in particular, civil remedies are potentially effective instruments of enforcement, both for the benefit of private actors and public bodies. The main part of this paper will be a detailed discussion of four illustrative cases, including the Konsumentenombudsman case of July 1997. Before doing so, the legal framework is sketched; afterwards, the most relevant legislative development will be examined.

This record has no associated files available for download.

More information

Published date: 1999

Identifiers

Local EPrints ID: 17509
URI: http://eprints.soton.ac.uk/id/eprint/17509
PURE UUID: 8cde4f9d-a215-47ca-b625-b348d2605aa6

Catalogue record

Date deposited: 11 Oct 2005
Last modified: 11 Dec 2021 14:15

Export record

Contributors

Author: Gerrit Betlem
Editor: J.A.E. Vervaele

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×